A B733 crew entered warning area during WX avoidance.

Attributes
ACN	502860
Time
Date	200102
Day	Wed
Local Time Of Day	0601 To 1200
Place
Locale Reference	intersection : hober
State Reference	FL
Altitude	msl single value : 33000
Environment
Weather Elements	Thunderstorm
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zjx.artcc
Operator	common carrier : air carrier
Make Model Name	B737-300
Operating Under FAR Part	Part 121
Navigation In Use	other
Flight Phase	cruise : level
Route In Use	enroute airway : ar14.airway
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 200 flight time total : 15000 flight time type : 12000
ASRS Report	502860
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : commercial pilot : instrument pilot : multi engine
Events
Anomaly	airspace violation : entry inflight encounter : weather
Independent Detector	other controllera
Resolutory Action	controller : provided flight assist controller : issued new clearance flight crew : declared emergency
Consequence	faa : reviewed incident with flight crew
Supplementary
Problem Areas	Weather
Primary Problem	Weather

Narrative:

Flight from dca to pbi, requested and received clearance to deviation west for WX avoidance (storms along route, tops above FL350). ZJX said 'maximum deviation 15 mi west of AR14.' at 15 mi west during deviation, we advised 'unable to avoid WX with that restr, needed more westerly deviation.' advised by ATC that military warning area was hot. We tried to turn back toward the airway, but on the center vector we would have penetrated a severe thunderstorm. So we advised center we had to have a west deviation. We were advised that center understood we were exercising captain's authority/authorized and inability to comply with controller's instructions, were given a vector to the northwest (340 degrees), exited the WX area, and received a clearance rerte direct to charleston, J79 omn, surfn 7 to pbi. We were also told to squawk 7700 when given the turn to 340 degrees.

Original NASA ASRS Text

Title: A B733 CREW ENTERED WARNING AREA DURING WX AVOIDANCE.

Narrative: FLT FROM DCA TO PBI, REQUESTED AND RECEIVED CLRNC TO DEV W FOR WX AVOIDANCE (STORMS ALONG RTE, TOPS ABOVE FL350). ZJX SAID 'MAX DEV 15 MI W OF AR14.' AT 15 MI W DURING DEV, WE ADVISED 'UNABLE TO AVOID WX WITH THAT RESTR, NEEDED MORE WESTERLY DEV.' ADVISED BY ATC THAT MIL WARNING AREA WAS HOT. WE TRIED TO TURN BACK TOWARD THE AIRWAY, BUT ON THE CTR VECTOR WE WOULD HAVE PENETRATED A SEVERE TSTM. SO WE ADVISED CTR WE HAD TO HAVE A W DEV. WE WERE ADVISED THAT CTR UNDERSTOOD WE WERE EXERCISING CAPT'S AUTH AND INABILITY TO COMPLY WITH CTLR'S INSTRUCTIONS, WERE GIVEN A VECTOR TO THE NW (340 DEGS), EXITED THE WX AREA, AND RECEIVED A CLRNC RERTE DIRECT TO CHARLESTON, J79 OMN, SURFN 7 TO PBI. WE WERE ALSO TOLD TO SQUAWK 7700 WHEN GIVEN THE TURN TO 340 DEGS.

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.