Air carrier flight crew and ARTCC radar controller in conflict over competing interests.

Attributes
ACN	440599
Time
Date	199906
Day	Tue
Local Time Of Day	1801 To 2400
Place
Locale Reference	navaid : omn.vortac
State Reference	IL
Altitude	msl single value : 24000
Environment
Flight Conditions	IMC
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zjx.artcc
Operator	common carrier : air carrier
Make Model Name	Medium Large Transport, Low Wing, 2 Turbojet Eng
Operating Under FAR Part	Part 121
Navigation In Use	other vortac
Flight Phase	cruise : level
Route In Use	enroute : on vectors
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : commercial pilot : atp pilot : flight engineer pilot : instrument pilot : multi engine
Experience	flight time last 90 days : 200 flight time total : 5350 flight time type : 1400
ASRS Report	440599
Person 2
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Events
Anomaly	inflight encounter : weather non adherence : clearance
Independent Detector	other flight crewa other flight crewb
Resolutory Action	controller : issued alert flight crew : exited adverse environment
Supplementary
Problem Areas	ATC Human Performance Flight Crew Human Performance FAA
Primary Problem	Ambiguous

Narrative:

On a scheduled flight to mco we were approximately 20 mi north of omn and deviating around a lot of WX in the area. It was necessary for us to deviate to the east because of some showers that were in the vicinity of omn. ZJX told us that we have to turn further south to a heading of 150 degrees to keep us clear of an active warning area. We told him that we could only turn to 130 degrees because of WX. The controller stated again turn right to 150 degrees. The captain, who was flying the aircraft, told ZJX that if we turn to 150 degrees, that will put us right in the WX. The captain told him all we can fly is a 130 degree heading. The controller then said that we were about to fly into an active warning area and unable to comply with an ATC clearance. He asked us to state our intentions. Also, he said he would call out any known targets in the area. At this point, we were able to turn further south and also keep clear of WX. We never entered the warning area either. The problem was that we were getting into a trap with the WX and warning area. Better to fly into a warning area than storms and turbulence.

Original NASA ASRS Text

Title: ACR FLC AND ARTCC RADAR CTLR IN CONFLICT OVER COMPETING INTERESTS.

Narrative: ON A SCHEDULED FLT TO MCO WE WERE APPROX 20 MI N OF OMN AND DEVIATING AROUND A LOT OF WX IN THE AREA. IT WAS NECESSARY FOR US TO DEVIATE TO THE E BECAUSE OF SOME SHOWERS THAT WERE IN THE VICINITY OF OMN. ZJX TOLD US THAT WE HAVE TO TURN FURTHER S TO A HDG OF 150 DEGS TO KEEP US CLR OF AN ACTIVE WARNING AREA. WE TOLD HIM THAT WE COULD ONLY TURN TO 130 DEGS BECAUSE OF WX. THE CTLR STATED AGAIN TURN R TO 150 DEGS. THE CAPT, WHO WAS FLYING THE ACFT, TOLD ZJX THAT IF WE TURN TO 150 DEGS, THAT WILL PUT US RIGHT IN THE WX. THE CAPT TOLD HIM ALL WE CAN FLY IS A 130 DEG HDG. THE CTLR THEN SAID THAT WE WERE ABOUT TO FLY INTO AN ACTIVE WARNING AREA AND UNABLE TO COMPLY WITH AN ATC CLRNC. HE ASKED US TO STATE OUR INTENTIONS. ALSO, HE SAID HE WOULD CALL OUT ANY KNOWN TARGETS IN THE AREA. AT THIS POINT, WE WERE ABLE TO TURN FURTHER S AND ALSO KEEP CLR OF WX. WE NEVER ENTERED THE WARNING AREA EITHER. THE PROB WAS THAT WE WERE GETTING INTO A TRAP WITH THE WX AND WARNING AREA. BETTER TO FLY INTO A WARNING AREA THAN STORMS AND TURB.

Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.