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When you declare an emergency, you get to go where you want. It's a 767- RA TCAS, like I said- let's not get dramatic. Some of you might need to hop in a cessna and learn how to scan for traffic OUT the window again.
Personally, I won't divert to an alternate airport because ATC does not want to turn the airport around. Though I suspect that fuel was becoming an issue it really does not matter.
Everything that flies, birds and helicopters included, was designed to take off and land into the wind. If it takes declaring an emergency to make this happen, so be it.
I believe most on the boards who are jumping on the American crew are the same guys who ask ATC permission three times to turn and avoid WX.
Though I don't remember declairing an emergency I have refused a fair number of clearances. Also stop asking for headings - tell ATC you are turning or give them a choice of heading but be clear about who gets to make the final call.
What would you do if the runway you needed was simply closed and fuel was not an issue?
The question some people have is: was the crew avoiding endangering the flight or avoiding inconveniencing the flight. They are not the same thing.
Well said. Also stop taking off with less fuel than you need.