Widebody Transport
Flight Crew Multiengine; Flight Crew Instrument; Flight Crew Air Transport Pilot (ATP)
Flight Crew Last 90 Days 124; Flight Crew Total 11658
Communication Breakdown; Situational Awareness
Deviation / Discrepancy - Procedural Published Material / Policy; Deviation / Discrepancy - Procedural FAR; Inflight Event / Encounter Fuel Issue; Inflight Event / Encounter Weather / Turbulence
Air Traffic Control Issued New Clearance; Flight Crew Diverted; Flight Crew Took Evasive Action; General Flight Cancelled / Delayed; General Police / Security Involved
Weather; Human Factors; Company Policy; Airport
We did a windshear escape procedure due to windshear for Runway XXR in ZZZZ. Safest course of action was to proceed to our designated alternate ZZZZ1. Notified Dispatch that we were diverting to ZZZZ1. The FMC showed us landing with around 10;000 of fuel at our alternate. Dispatch had told us to go ZZZZ2 instead; so we began to comply and informed ATC of the change of alternate. Shortly thereafter; Dispatch came back to say we were unable to go to ZZZZ2. So; again we informed ATC that our new alternate would again be ZZZZ1. As we coordinated clearance to ZZZZ1; Dispatch messaged us to say we can go to ZZZZ1 but we would have to [advise ATC]. We elected to go to ZZZZ1 as our workload; language barrier; and most important our fuel state; was the safest course of action to take. As we approached the ZZZZ1 airport; controllers notified us that the airport was closed; and could not take us. We were unsure as to the reason why the airport was closed to us (maybe ramp space was at maximum capacity). They stated the only way we can land was to [advise ATC]. Our fuel state did not allow for another alternate. We were left with no other viable option. So I [advised ATC]. Air Traffic Control made no effort to bring us in in a timely manner. We had no clear instructions as to sequence for landing. ATC made no effort to give us a clearance. Again; based on the fact [that] we had to [advise ATC]; the communication difficulties (language barrier); [and] aircraft fuel state; I felt the safest course of action was to [advise ATC] for fuel; as to the uncertainty and doubt of vectoring and landing sequence. At the time of the fuel declaration; we had about 45 minutes of fuel onboard. We landed with about 7;400 pounds and a Low Fuel Quantity alert on the right wing.We landed safely and taxied to a remote stand. They had no gates available for us. They stated it would take about 2 to 3 hours to get fuel and be able to depart. Communication with local staff and agencies was nearly impossible. We used our language qualified Flight Attendant for all communication with ramp services. They said that no one can leave the aircraft. We called for fuel trucks [and] Dispatch rerelease back to ZZZZ. After about what seemed like about an hour; we got air stairs on door 1R. We were greeted with [Aviation Authority] Officials. They proceeded to interrogate me; as to why I [advised ATC of] a fuel [situation]; wanting to see Company manuals; and to take pictures of our fuel gauges. They halted the fueling; until they received the information they were looking for. Before I answered the questions and gave them permission to take photos; I contacted [Flight Operations] as to what to do about the [Aviation Authority Official's] request; and to ask for guidance in this matter. [Flight Operations] said to comply with their request. Satisfied with the information I gave them; the Officials departed the aircraft.We were asked by Dispatch if we can extend our [FAR 117 off duty] time. We agreed. We were tasked with so many issues form communicating and coordinating fueling process; to requesting a tug; flight planning; passengers' issues and concerns; language barrier; my first flight to [this international destination]; and having still less than 100 hours [in aircraft type] (high minimums); and the fast approaching [off duty] times; made for a very challenging scenario. What we thought would take 5 minutes to do took 30 minutes; like simply connecting the tug to [the] aircraft.We realized that with 5 minutes to go on the [off duty] time; and the tug still connected and moving at an extremely slow pace; that our [off duty] time was not going to be made. Right about that time; we got a message to contact the crew desk regarding failure to meet the [off duty] time.We got a message from [Operations] asking us to depart after [our off duty] time. We expressed our concerns about violating the FAR 117 rules. They said that they [were] aware of the FAR 117 rulesand that this was the safest course of action; providing crew was not fatigued. [Operations] said they would self-disclose to [the] FAA; they would assume full responsibility and that we; the flight crew would be absolved. We discussed amongst ourselves; and all agreed to depart and fly back to ZZZZ. Landed safely in ZZZZ with no further incidence.I was assisted by one of the most professional; knowledgeable; hard-working dependable First Officers that I can ever wish for. Their input was invaluable.
Air carrier Captain reported their international flight had to divert for weather causing a fuel situation and the crew to violate FAR's regarding duty time.