Narrative:

Turbulence altitude change. We were level at FL330. Aircraft ahead of us were clearing the WX on top. We were changed over to 135.87. He descended us to FL310. We advised him we would like FL350. He said unable. The radar did not paint WX but lightning flashed from below. As we leveled at FL310 and entered the clouds our ride worsened along with cloud to cloud lightning. We asked ATC for FL350, he replied unable. As the turbulence was consistently moderate I advised ATC I was leaving FL310 for FL350. In the interest of safety of the aircraft and the passenger it was necessary in my opinion. ATC asked our intentions upon reaching FL350. I replied upon clearing the lightning and turbulence I will return to FL310. If this was to occur to me again I would just declare emergency from the start. There was no reason to keep us in that kind of WX.

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Original NASA ASRS Text

Title: MD80 CAPT USED HIS AUTH TO CLB OUT OF TURB AND TSTM ACTIVITY IN ZAU CLASS A.

Narrative: TURB ALT CHANGE. WE WERE LEVEL AT FL330. ACFT AHEAD OF US WERE CLRING THE WX ON TOP. WE WERE CHANGED OVER TO 135.87. HE DSNDED US TO FL310. WE ADVISED HIM WE WOULD LIKE FL350. HE SAID UNABLE. THE RADAR DID NOT PAINT WX BUT LIGHTNING FLASHED FROM BELOW. AS WE LEVELED AT FL310 AND ENTERED THE CLOUDS OUR RIDE WORSENED ALONG WITH CLOUD TO CLOUD LIGHTNING. WE ASKED ATC FOR FL350, HE REPLIED UNABLE. AS THE TURB WAS CONSISTENTLY MODERATE I ADVISED ATC I WAS LEAVING FL310 FOR FL350. IN THE INTEREST OF SAFETY OF THE ACFT AND THE PAX IT WAS NECESSARY IN MY OPINION. ATC ASKED OUR INTENTIONS UPON REACHING FL350. I REPLIED UPON CLRING THE LIGHTNING AND TURB I WILL RETURN TO FL310. IF THIS WAS TO OCCUR TO ME AGAIN I WOULD JUST DECLARE EMER FROM THE START. THERE WAS NO REASON TO KEEP US IN THAT KIND OF WX.

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.