Originally Posted by
mseyfang
The key here was that he supposedly asked for a deviation and FL change. If I need a deviation, I will take it and notify ATC after the fact. No different for a FL change; if I deem it necessary, I can invoke the magic words and just do it. Asking implies something desired rather than necessary.
The issue here is assertion of authority, which ultimately rests with the PIC. Working with/complying with ATC is part of the job in normal circumstances as it should be. When things are abnormal, I am responsible and will do what it takes to ensure that I get somewhere safely. In the end, it's my airplane.
Since the pilot asked for a change in flightpath can it be assumed that the pilot didn't realize the danger the TS posed?
I agree with the fact that the PIC has the right to make decisions in order to save the aircraft but the PM needs to notify the atc before the decision is carried out or in adequate time. Otherwise their could be risk to other nearby planes.