Large Transport
Air Traffic Control Fully Certified
Air Traffic Control Time Certified In Pos 1 (yrs) 7
Troubleshooting; Situational Awareness; Distraction; Communication Breakdown
ATC Issue All Types; Airspace Violation All Types; Deviation - Track / Heading All Types; Deviation / Discrepancy - Procedural Clearance; Deviation / Discrepancy - Procedural Published Material / Policy; Inflight Event / Encounter Weather / Turbulence
Air Traffic Control Separated Traffic; Air Traffic Control Provided Assistance; Flight Crew Returned To Clearance
Weather; Procedure; Human Factors
There was a lot of precipitation at the south end of the sector.  Aircraft were deviating east and west of the precipitation.  The Sealord Warning Areas were all active to the west.  Aircraft X asked to deviate west of course.  Aircraft was cleared to deviate right of course and direct HIBAC when able.  I called Sealord for a pointout and they said unable do to non radar aircraft in the airspace.  Turned aircraft 25 degrees left of course to stay away from airspace.  Pilot was troubled by heading due to weather.  Told aircraft to fly heading 170.  Pilot responded this was going to put them directly into a storm cell.  Pilot could not go east due to equipment as they cannot fly a certain miles off course.  I decided in my professional opinion that the aircraft was in an unsafe situation.  Cannot go east due to equipment.   Cannot fly south due to weather.  Cannot fly west due to airspace.  I called Sealord and told them I was [using emergency authority] and the aircraft would be deviating west into their airspace at FL380.  Told Aircraft X I was [using emergency authority] and cleared aircraft to deviate left and right as necessary (to avoid weather) and direct HIBAC when able.  Pilot tried to reason and come up with headings to avoid the airspace but this was not possible due to weather.  All of the headings the pilot suggested they could 'try' to fly were still in conflict with Sealord airspace.  I told CIC to try and get Sealord capped at FL370 and that the AR routes should be closed because Sealord is unable to take point outs and aircraft are deviating.  I was put into a situation as was the pilot; crew; and passengers that was unsafe and could have been avoided.  Management advised me I was wrong and should have 'gotten' the pilot to [use emergency authority] so the 'responsibility' is on him.  They also brought up 'CAR40' procedures and that I did not follow these procedures.  I told them that I have a right and a duty to [use emergency aurthority] for the aircraft in an unsafe situation.  Management told me they cannot close airspace unless I get the pilot to tell me he cannot comply with the clearance.  When the pilot was cleared to fly heading 170 they said it was going to put them right into a cell.  There was no way to go east due to weather and equipment on board.  I was told by management when the pilot said they were flying right into a cell that I should read a strip we have on sector that says; 'Understand you are unable to comply with an ATC clearance and are exercising your emergency authority; Say intentions.'  I told them if the aircraft tells me the heading I gave them was forcing them directly into a cell; that I do not have time to read this nor should I.  I feel that the FAA trying to tell me that I should not [use emergency authority] and wait for the pilot to do so or try and 'get' the pilot to do so is irresponsible.  They kept saying it is to cover myself in case something happens.  I feel safety is the most important thing in ATC and this was the safest and most immediate decision that could have been made.  I feel that management should not be telling me I did not do my job correctly and they should not be trying to talk me into making unsafe decisions in order to deflect responsibility from the FAA.  I understand the pilot is in command but I felt I had more information than the pilot and was able to make the safest 'real time' decision.  Thank you for your concern.I feel if aircraft are deviating to this degree offshore while the military airspace is active and they do not have the equipment to fly but a certain number of miles offshore; then they should be forced to inland routes.  I understand the FAA's policy regarding the 'understand you are unable to comply with an ATC clearance and are exercising your emergency authority; say intentions' has a place but this was not that place 99 percent of the time but maybe there should be some procedural changes to not let aircraft get in on this type of situation.  [Airline name removed] airlines knows their aircraft capabilities and should not file routes offshore when there is deviating.
ZJX Controller reports of a scenario where he used emergency authority for an aircraft that had to enter a Warning Area due to weather. The Controller tried other options but none were safe except for the aircraft to fly into the Warning Area. Controller was later told by management that the pilot should have been the one to use emergency authority.