Originally Posted by
stilton
The Captain has the ultimate responsibility for the aircraft and passengers, he or she has total authority for its operation
Some posters seem to have forgotten that
A controller, no matter how busy he is doesn’t have the option to overide that
Perhaps this flight didn’t fit in with his plan, well, make a new one, the dynamics of convective activity demand flexibility
Ideally this should be a cooperative effort between Pilots and Controllers but if ATC won’t help but worse points you towards weather you’re not comfortable with you have to speak up and take action
Stilton, you are completely correct in everything you say - but you do not have the full picture. N90 gave you some of it.
The captain accepted his departure clearance which included the turn - a standard procedure. The aircraft was one of a stream that fitted into many streams almost all departures from NY metroplex airports were flying out through the same gap in the weather. The airspace was busy - not shown in the "only-aircraft-in-the-sky" video from the OP the controller was busy. He has worked out sector transit plans for all the stream and no doubt agreed with other controllers about what they are doing. Then one aircraft (not others) refuses to follow the SID as cleared. Yes Stilton he has every right to do that - just as you have every right to stand on your brakes on the interstate if you see something - it's just that now you are affecting a lot of other people - that you probably gave no thought about.
In the same way that the video only showed one aircraft the sound track only showed what the controller was saying on the R/T, In the background the controller is almost certainly more busy, especially with an aircraft that has to be vectored around in a very small area of sky, explaining to controllers in adjacent sectors what is happening. So a workload for the controller that was already busy has just become very busy - while the pilot grudgingly accepts simple vectors and considers that is 'overloading' him? Obviously ignorant that he had to be vectored inside the restricted airspace as it is too small for holds.
Ideally, instead of claiming who has most authority, flight crew and controllers should work as a team. For example pilots, never just refuse a heading. You
knew what you would be given as it was your departure clearance, so if you can see that will not be acceptable, when you are expected to turn offer an alternative, ideally with knowledge of the airspace that you are allowed to fly through. Negotiate and collaborate to get the best you can.
Another thing that flight crew could do that would be instructive is actually visit New York TRACON (as I have) - or for that matter any TRACON or control room that manages the airspace they regularly use. You may discover how difficult some things can be for controllers and see how hard they are working when all you hear is the occasional R/T call. It also helps to put a face to the voice.