Narrative:

On a flight from iah to ewr, south of hopewell VOR, needed to visit lav. Just before I left I suggested to first officer he ask for a slight deviation to right for a thunderstorm build up ahead on the arwy. I decided to go to lav at this time because I thought it might get a little bumpy as we went around the cell. The controller approved us to deviate right of course, and cleared us direct hopewell when able. As I went back lav was occupied. Had to wait. As I came back into cockpit, flight attendant and so were looking out right window. I asked about changes and they said the controller had told us we had traffic at 3 O'clock, 4 mi, FL370. They said the controller told us not to go any further right, but we were ok on the 080 degree heading the first officer had told him we were on. They claimed the controller did not turn either aircraft and showed no sense of urgency at any time. I was always under the impression that center controllers needed to maintain 5 mi latitude sep between aircraft at same altitude. As I got back in seat we were able to come left to 050 degrees and go direct hopewell as we rounded the buildup. We told controller this and asked about location of traffic. He said traffic was no longer a factor, that he was still on a 090 degree heading. No one in our cockpit ever saw the traffic. I will need to do some research regarding min sep between IFR aircraft.

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Original NASA ASRS Text

Title: ARTCC RADAR CTLR HAD LESS THAN STANDARD SEPARATION BETWEEN LGT DEVIATION FOR WX AND ANOTHER ACFT AT SAME ALT.

Narrative: ON A FLT FROM IAH TO EWR, S OF HOPEWELL VOR, NEEDED TO VISIT LAV. JUST BEFORE I LEFT I SUGGESTED TO F/O HE ASK FOR A SLIGHT DEVIATION TO RIGHT FOR A TSTM BUILD UP AHEAD ON THE ARWY. I DECIDED TO GO TO LAV AT THIS TIME BECAUSE I THOUGHT IT MIGHT GET A LITTLE BUMPY AS WE WENT AROUND THE CELL. THE CTLR APPROVED US TO DEVIATE RIGHT OF COURSE, AND CLRED US DIRECT HOPEWELL WHEN ABLE. AS I WENT BACK LAV WAS OCCUPIED. HAD TO WAIT. AS I CAME BACK INTO COCKPIT, FA AND SO WERE LOOKING OUT RIGHT WINDOW. I ASKED ABOUT CHANGES AND THEY SAID THE CTLR HAD TOLD US WE HAD TFC AT 3 O'CLOCK, 4 MI, FL370. THEY SAID THE CTLR TOLD US NOT TO GO ANY FURTHER RIGHT, BUT WE WERE OK ON THE 080 DEG HDG THE F/O HAD TOLD HIM WE WERE ON. THEY CLAIMED THE CTLR DID NOT TURN EITHER ACFT AND SHOWED NO SENSE OF URGENCY AT ANY TIME. I WAS ALWAYS UNDER THE IMPRESSION THAT CENTER CTLRS NEEDED TO MAINTAIN 5 MI LAT SEP BTWN ACFT AT SAME ALT. AS I GOT BACK IN SEAT WE WERE ABLE TO COME LEFT TO 050 DEGS AND GO DIRECT HOPEWELL AS WE ROUNDED THE BUILDUP. WE TOLD CTLR THIS AND ASKED ABOUT LOCATION OF TFC. HE SAID TFC WAS NO LONGER A FACTOR, THAT HE WAS STILL ON A 090 DEG HDG. NO ONE IN OUR COCKPIT EVER SAW THE TFC. I WILL NEED TO DO SOME RESEARCH REGARDING MIN SEP BTWN IFR ACFT.

Data retrieved from NASA's ASRS site as of August 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.