Narrative:

Air carrier flight abcd, clt-bhm, jan/xa/01. While being vectored for an ILS 6 approach bhm, the captain informed the controller (123.8) that due to WX being displayed in red from 11 - 12 O'clock position (on radar), that we needed to turn left from our 240 degree to 200 degree position to avoid heavy rain. The controller did not respond. After several calls to bhm approach, the controller told us to stand by because he was working 6 frequencys. The captain stated that we needed a turn to 200 degrees and still no response. The captain ordered me to fly a 200 degree heading and stated to approach we were turning left to 200 degrees. Advised the controller that we were using emergency discretion (the captain did not use these words). The controller turned us to a 90 degree heading. Asked about the turn, the controller said we were being vectored to the ILS 6 approach (there was a small cell just outside the OM mcden) and that we would like to be turned inside of the WX. He turned us to a heading of 160 degrees, then 180 degrees, then 200 degrees back into the WX. Captain said we could not fly 200 degrees for WX. Controller turned us to 360 degrees, and climb to 4000 ft, and go direct to vuz and hold with an efc of on the hour (50 mins of holding). The captain told the controller that we could not accept this due to fuel. The controller ignored the calls for 3-5 mins. Finally, the controller responded in stating that we were in violation of an ATC clearance. We asked 3-5 times for vectors to final and he finally gave us one after we had to declare critical fuel.

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Original NASA ASRS Text

Title: F100 CREW WAS REQUIRED TO USE CAPT'S EMER AUTH TO AVOID HAZARDOUS TSTM AREAS. THEY THEN WERE REQUIRED TO DECLARE MINIMUM FUEL STATE TO GET AN APCH AT BHM.

Narrative: ACR FLT ABCD, CLT-BHM, JAN/XA/01. WHILE BEING VECTORED FOR AN ILS 6 APCH BHM, THE CAPT INFORMED THE CTLR (123.8) THAT DUE TO WX BEING DISPLAYED IN RED FROM 11 - 12 O'CLOCK POS (ON RADAR), THAT WE NEEDED TO TURN L FROM OUR 240 DEG TO 200 DEG POS TO AVOID HVY RAIN. THE CTLR DID NOT RESPOND. AFTER SEVERAL CALLS TO BHM APCH, THE CTLR TOLD US TO STAND BY BECAUSE HE WAS WORKING 6 FREQS. THE CAPT STATED THAT WE NEEDED A TURN TO 200 DEGS AND STILL NO RESPONSE. THE CAPT ORDERED ME TO FLY A 200 DEG HDG AND STATED TO APCH WE WERE TURNING L TO 200 DEGS. ADVISED THE CTLR THAT WE WERE USING EMER DISCRETION (THE CAPT DID NOT USE THESE WORDS). THE CTLR TURNED US TO A 90 DEG HDG. ASKED ABOUT THE TURN, THE CTLR SAID WE WERE BEING VECTORED TO THE ILS 6 APCH (THERE WAS A SMALL CELL JUST OUTSIDE THE OM MCDEN) AND THAT WE WOULD LIKE TO BE TURNED INSIDE OF THE WX. HE TURNED US TO A HDG OF 160 DEGS, THEN 180 DEGS, THEN 200 DEGS BACK INTO THE WX. CAPT SAID WE COULD NOT FLY 200 DEGS FOR WX. CTLR TURNED US TO 360 DEGS, AND CLB TO 4000 FT, AND GO DIRECT TO VUZ AND HOLD WITH AN EFC OF ON THE HR (50 MINS OF HOLDING). THE CAPT TOLD THE CTLR THAT WE COULD NOT ACCEPT THIS DUE TO FUEL. THE CTLR IGNORED THE CALLS FOR 3-5 MINS. FINALLY, THE CTLR RESPONDED IN STATING THAT WE WERE IN VIOLATION OF AN ATC CLRNC. WE ASKED 3-5 TIMES FOR VECTORS TO FINAL AND HE FINALLY GAVE US ONE AFTER WE HAD TO DECLARE CRITICAL FUEL.

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.