S80 at rdu has to declare emergency to stay clear of severe WX.

Attributes
ACN	441361
Time
Date	199906
Day	Fri
Local Time Of Day	1201 To 1800
Place
Locale Reference	airport : rdu.airport
State Reference	NC
Altitude	msl single value : 3000
Environment
Weather Elements	Thunderstorm
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : rdu.tracon
Operator	common carrier : air carrier
Make Model Name	MD-80 Super 80
Operating Under FAR Part	Part 121
Flight Phase	climbout : vacating altitude
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
ASRS Report	441361
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : instrument pilot : multi engine pilot : commercial
Events
Anomaly	inflight encounter : weather non adherence : clearance other spatial deviation
Independent Detector	aircraft equipment other aircraft equipment : radar other controllera other flight crewa
Resolutory Action	flight crew : took precautionary avoidance action flight crew : declared emergency
Consequence	faa : reviewed incident with flight crew
Supplementary
Problem Areas	ATC Human Performance Weather Environmental Factor
Primary Problem	Weather

Narrative:

During initial climb I advised departure that we would need 10-20 degrees to the left. He said unable, and directed us to turn right to 270 degrees. That turn would have put us in the cell. When I told him we were unable to do a right turn, he asked if I was exercising my authority/authorized, and I stated in the affirmative. We continued on the 230 degree heading for a few mi. He then said to turn right to 310 degrees when able. No traffic conflict was noted or indicated on TCASII.

Original NASA ASRS Text

Title: S80 AT RDU HAS TO DECLARE EMER TO STAY CLR OF SEVERE WX.

Narrative: DURING INITIAL CLB I ADVISED DEP THAT WE WOULD NEED 10-20 DEGS TO THE L. HE SAID UNABLE, AND DIRECTED US TO TURN R TO 270 DEGS. THAT TURN WOULD HAVE PUT US IN THE CELL. WHEN I TOLD HIM WE WERE UNABLE TO DO A R TURN, HE ASKED IF I WAS EXERCISING MY AUTH, AND I STATED IN THE AFFIRMATIVE. WE CONTINUED ON THE 230 DEG HDG FOR A FEW MI. HE THEN SAID TO TURN R TO 310 DEGS WHEN ABLE. NO TFC CONFLICT WAS NOTED OR INDICATED ON TCASII.

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.