2010-05 · NASA ASRS report 891634
Air Carrier flight Crew reports using Captain's emergency authority to deviate around thunderstorms on Airway L453 when a clearance could not be obtained from ZNY.
I was the First Officer on this trip. I was on my scheduled rest break in the crew rest seat when this incident occurred. This is my understanding according to the Captain/Relief Officer; how the incident unfolded. A line of thunderstorms were overlying our route of flight between fixes BOREX and PERDO. I requested a climb to FL380; which was denied and then requested a 40 NM deviation to the west of course to avoid the weather which was also denied by ATC via HF radio. At 40 NM north of BOREX we deviated west of course for 30 NM using Captain's emergency authority. We were unable to get ATC clearance to climb or turn west and we were given as clearance to turn east and descend to FL320. That clearance would have put us in the midst of two large cells and we were unable to go that direction due to the severity of the weather in that area. The occurrence was at FL340. I advised ATC that we were using emergency authority and deviating to the west and also reported to them we were back on course. I called Dispatch on SATCOM to advise that we exercised emergency authority and where the weather was located to warn other flights of the hazards enroute.
Getting a clearance that is needed and in a timely manner would improve the level of safety.
Source: NASA Aviation Safety Reporting System (public domain). Reports are voluntary submissions and are not verified by NASA.
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