B777 Undifferentiated or Other Model
Flight Crew Total 20300
Situational Awareness; Communication Breakdown; Workload; Time Pressure
ATC Issue All Types; Deviation - Altitude Excursion From Assigned Altitude; Deviation - Track / Heading All Types; Deviation / Discrepancy - Procedural FAR; Deviation / Discrepancy - Procedural Published Material / Policy; Inflight Event / Encounter Weather / Turbulence
Air Traffic Control Issued Advisory / Alert; Air Traffic Control Issued New Clearance; Flight Crew Requested ATC Assistance / Clarification; Flight Crew Became Reoriented; Flight Crew Returned To Clearance; Flight Crew Took Evasive Action
Human Factors; Chart Or Publication; Procedure; Weather
Approximately 80 NM east of N53W040 on Track Delta; on frequency 121.5 we heard another Air Carrier announcing deviation to the right of Track Delta; FL350 up to 30 NM due to weather. We called that crew on frequency 123.45 to ascertain the tops of weather system and reply came back approximately FL360. We requested and received clearance to climb to FL360. Passing 040W; after close scrutiny and crew discussion of the weather before us; a request via CPDLC was made to deviate 35 NM right of track due to weather. Seventeen minutes later we received a message unable right deviation due to traffic; left is available. We were now encroaching the hazardous line of weather; anticipating the clearance for a left deviation a left turn was initiated 80 degrees from current course to avoid the line before us. Another CPDLC message for deviation was sent requesting 70 NM left of Track D as the line was that extensive once we got a full radar depiction. At 10 NM left of Track; we initiated a climb to be 300 FT above our flight level as per the North Atlantic Track deviation procedure when greater than 10 NM off track without a clearance. In the blind radio calls were announced at the time of our deviation on frequencies 121.5 and 123.45. We answered another Air Carrier inquiry about the weather conditions on 123.45. To enhance receiving a clearance to deviate we initiated a radio call on HF frequency. A request was made verbally for the 70 NM left of track. A surly reply was the first reaction from Gander that we would be crossing into another track. We explained professionally our predicament having been denied the northerly deviation and this southern option was going to necessitate that much to avoid the hazardous weather. We also informed Gander Radio at this point that we had climbed to FL36 point three. A request to verify our altitude with heightened curiosity was issued and we replied our altitude was due to being off track and the climb was in accordance with NAT Track deviation procedure. He seemed to digest this point for the moment. At this point; we received via CPDLC clearance to deviate 70 NM left of Track Delta; report back on course. We informed our Gander radio handler of such clearance; he acknowledged our receipt and the call was terminated. At this juncture; I noticed a grainy hole in the weather which offered us an opportunity to proceed westerly at approximately 36 NM left of Track D. Maneuvered the aircraft successfully through the two cells with light turbulence being the worst of the ride. We informed our surrounding traffic of the successful deviation on same frequencies at this time too. On the back side of the hazardous weather; as we were encroaching return to course; SELCAL chimed and it was Gander Radio on 8846; same voice. We acknowledged SELCAL and were immediately met with a lecture pertaining to the rules of deviating in Gander Airspace. A lecture that was delivered in the most abrasive; condescending; friction orientated tone that was anything but professional. We were now approaching 10 NM to center line of Track D and descended to FL360 and reported such to this Gander Radio Operator; acknowledged his remarks and simply reported back on track with our new 50 west estimate. In the interest of professional decorum; we did not dare engage; infuriate the situation with this operator. Someone had to keep this professional and we chose to be the one. We simply acknowledged and read back. It needs to be stated; throughout a very simple process where agency and aviators are supposed to work in unison at upholding the public trust in terms of safety; I was very much alone on this objective when it came to Gander Radio on this day. The Center Operating CPDLC was not an issue other than a continuous offer to climb to FL370; which I responded being too heavy for climb. However; every single transmission from the man was infused with hostility; friction; biting retort; the likes of which bordered on being a threat to the safety of flight; it was indeed that distracting! In 35 years of flying in Professional Aviation; 30 flying International Operations; I have not encountered such a friction oriented deliberation from someone; let alone someone at a time when life and limb were at risk; over 300 souls were on board and my responsibility was to uphold the public trust. I was berated and chastised in this man's communications. I upheld the public trust endowed to me professionally and in accordance with the procedures as they are written in spite of the unnecessary distraction at a critical phase of flight brought on by an agent who was supposed to be supporting.Sadly; it was the opposite in effect. At no time during the deviation was another aircraft depicted on TCAS in multiple mileage regimes; no evasive action was ever employed since there was no conflict during our deviation process. Flight landed uneventfully at our destination.Orientation Chart needs to specify if ONCE you received a clearance to deviate if you had climbed or descended being 10 NM or greater at the start of your deviation without having received a clearance yet; if once in receipt of the clearance; do you return to assigned flight level OR do you maintain until within 10 NM of original track in order to ensure adequate clearance from parallel traffic. Radio Operator for Gander should have specified this when he knew we received the 70 NM deviation to return back and/or CPDLC message could have stated it as well. Last but not least; adult supervision should be in the vicinity to make a valid judgment call when an operator is over the line.
[Report narrative contained no additional information.]
A B777 approached a severe weather line on an Oceanic NAT Track westbound and unable to obtain a requested track deviation clearance; climbed 300 FT and deviated off track before receiving the clearance. ATC was surly about the unauthorized deviation.