Date: 201907
Location: LGA.Airport, NY
Flight conditions: IMC
Light: Daylight
Aircraft: Regional Jet 200 ER/LR (CRJ200)
Operator: Air Carrier
Operating under: Part 121
Flight plan: IFR
Mission: Passenger
Flight phase: Cruise
Airspace: Class E ZNY
ATC / advisory: TRACON N90
Reporter organization: Air Carrier
Reporter function: Captain; Pilot Not Flying
Reporter qualification: Flight Crew Air Transport Pilot (ATP); Flight Crew Multiengine; Flight Crew Instrument
Human factors: Communication Breakdown; Situational Awareness
Anomaly: ATC Issue All Types; Deviation - Track / Heading All Types; Deviation / Discrepancy - Procedural Clearance; Deviation / Discrepancy - Procedural Published Material / Policy; Inflight Event / Encounter Weather / Turbulence
Detector: Person Flight Crew
When detected: In-flight
Result: Flight Crew Took Evasive Action
Contributing factors: Human Factors; Weather
Primary problem: Weather

Narrative: There were a few storms in the area but not bad. ATC gave me a reroute before departure that was still going to take me around the weather at FL230. The original flight plan was around the weather at FL260. My FO (First Officer) and I briefed the new route and thought it looked good for weather avoidance and fuel. We taxied out and took off normally. We were told to climb to 8000 ft and we stayed there for quite some time on a vector off of the departure. Then; the Departure Controller asked us a couple of fixes on our route and ultimately came back with 'yeah that's not going to work.' He [gave us] a full reroute that was directly though the worst of the weather at 8000ft final altitude. A TEC (Tower Enroute Clearance) route. I was not comfortable with the route being through the weather; nor being at 8000ft the whole way to ZZZ. After the first VOR the Controller gave us we were supposed to join an airway to another VOR. The route given was SBJ V6 ABE and more further down the line. The turn from SBJ onto V6 was almost a 90 degree right turn. I told the Controller two or three times that I was unable to make the turn due to heavy to extreme precipitation on that airway and I would need to continue straight out or make a left turn. The Controller told me that I basically had to stay on that route. Due to the possibility of damage to the aircraft or injury to passengers and crew I issued a PANPAN-PANPAN call and said I would be continuing on my present heading until I could get around the cell. The two issues I have with this whole situation are that a Controller would turn me into weather and have a blast any disregard for a pilot saying unable two or three times due to weather. The other issue is that a route like this that was straight through weather and almost 20000 ft difference in altitude was given in the air rather than on the ground where I could evaluate changing conditions and fuel load needed. NY TRACON Controller's blatant disregard for safety of an aircraft when I pilot says unable and is forced to issue a PANPAN call so as to not turn directly into weather. The route being issued in the air rather than before departure.




Synopsis: CRJ-200 Captain reported ATC denying the crew's request to deviate from route to avoid weather. Captain issued an urgency call.