An md-80 flight crew declared an emergency when ATC would not clear them for a turn to avoid a build...

Attributes
ACN	803907
Time
Date	200809
Local Time Of Day	1201 To 1800
Place
Locale Reference	navaid : zzz.vortac
State Reference	US
Altitude	msl single value : 33000
Environment
Flight Conditions	VMC
Aircraft 1
Controlling Facilities	artcc : zzz.artcc
Operator	common carrier : air carrier
Make Model Name	MD-80 Series (DC-9-80) Undifferentiated or Other Model
Operating Under FAR Part	Part 121
Flight Phase	cruise : level
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : first officer
ASRS Report	803907
Events
Anomaly	inflight encounter : weather non adherence : clearance other spatial deviation
Independent Detector	other flight crewa
Resolutory Action	flight crew : declared emergency other
Supplementary
Problem Areas	Weather ATC Human Performance Flight Crew Human Performance
Primary Problem	ATC Human Performance

Narrative:

In cruise at FL330; requested a climb to FL350 to top a buildup ahead. Climb request passed on to next controller. Apparent that late climb would not allow avoidance of buildup; requested 5 degrees left; or right. Denied both. Told controller again we needed 5 degrees left; or right for WX avoidance. Denied. Captain then told controller 'declaring emergency.' controller stated captain had ultimate authority/authorized to do what captain had to do. We then deviated 5 degrees right. Controller told us to 'squawk 7700 so other aircraft had a fighting chance.' after short deviation; we returned to course; told ATC; went back to assigned squawk.

Original NASA ASRS Text

Title: AN MD-80 FLT CREW DECLARED AN EMERGENCY WHEN ATC WOULD NOT CLEAR THEM FOR A TURN TO AVOID A BUILD UP.

Narrative: IN CRUISE AT FL330; REQUESTED A CLB TO FL350 TO TOP A BUILDUP AHEAD. CLB REQUEST PASSED ON TO NEXT CTLR. APPARENT THAT LATE CLB WOULD NOT ALLOW AVOIDANCE OF BUILDUP; REQUESTED 5 DEGS L; OR R. DENIED BOTH. TOLD CTLR AGAIN WE NEEDED 5 DEGS L; OR R FOR WX AVOIDANCE. DENIED. CAPT THEN TOLD CTLR 'DECLARING EMER.' CTLR STATED CAPT HAD ULTIMATE AUTH TO DO WHAT CAPT HAD TO DO. WE THEN DEVIATED 5 DEGS R. CTLR TOLD US TO 'SQUAWK 7700 SO OTHER ACFT HAD A FIGHTING CHANCE.' AFTER SHORT DEV; WE RETURNED TO COURSE; TOLD ATC; WENT BACK TO ASSIGNED SQUAWK.

Data retrieved from NASA's ASRS site as of May 2009 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.

An md-80 flight crew declared an emergency when ATC would not clear them for a turn to avoid a build up.