07/19/2026
PIC Authority - Weather Deviation - Quick Action - Airline - Departure
Can ATC punish you for disregarding their instructions?
Last week, the crew of an Airbus A340 departing John F. Kennedy International Airport (JFK) was instructed to fly a heading of 350°—a course that would have taken them toward an area of extreme precipitation and severe thunderstorms.
The captain acknowledged the instruction but responded:
“We need further left, maybe a heading of 240. Everything is red in front of us.”
He was referring to the intense convective weather displayed on the aircraft’s weather radar.
The controller replied:
“Sir, why do you need that heading? Everyone is going that way. What is the problem?”
Seconds later, the captain turned the Airbus away from the weather without waiting for further clearance.
The controller responded:
“Sir, this could be a possible pilot deviation. You turned your airplane without telling me. There is an aircraft right in front of you.”
The flight continued without further incident.
Takeaway: FAR 91.3 states that “the pilot in command of an aircraft is directly responsible for, and is the final authority as to, the operation of the aircraft.”
In other words, if you believe complying with an ATC instruction would compromise the safety of the flight, you have both the authority—and the responsibility—to take whatever action is necessary to ensure the safety of your aircraft.
That authority isn’t unlimited, however. The pilot should advise ATC of the deviation as soon as practicable, and ATC will then work to maintain separation between aircraft.
Weather avoidance is one of the best examples of where the PIC’s judgment takes precedence.
Fly safe, friends ✈️