Narrative:

We took off at maximum gross weight. The captain was flying. As we reduced to climb thrust I noticed an airbus 320 that had departed runway 1C in a sharp right turn. I told the captain to 'watch out for traffic on the left; it looks like they are turning towards us.' a moment later it looked as if this aircraft was still in the turn towards our aircraft and at that moment tower advised us of the aircraft and said they were not complying with their clearance and told us to stop our climb at 2;000. Then tower told us to stop our climb at our current altitude; 1;500 ft and at that moment we received a 'descend' RA from TCAS. We climbed as high as 1;700 ft in our efforts to stop our climb and comply with ATC and the RA. As we leveled we were told to turn right to heading 090 and maintain altitude. I looked up and saw the airbus A320 pass overhead in a climb passing 2;000 ft. We were then told to continue our right turn to heading 190. I saw the A320 pass off our right side and saw it was safe vertically to continue the turn and then noticed the foreign crew start a left turn towards the north. We continued south until we were clear of the conflict and were issued a climb then another turn towards the north and then on course. Our cockpit was very busy trying to avoid a collision. ATC was great keeping us away from the rising terrain to the north. I spoke to another pilot who was flying out at the time we departed and he informed me that ATC was having communication problems with this same flight while they were on the ground; ATC telling them the same clearance four or five times to get them to comply with their clearance. It seems that the major problem was a confused foreign crew without the required ability to understand and communicate in the english language as required.

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Original NASA ASRS Text

Title: A B767-300 flight crew departing had a conflict with a foreign air carrier A320 departing a parallel runway and making an unauthorized right hand turn. ATC advised and TCAS issued a 'Descend' RA. The reporter later learned the A320 flight crew was having communications problems with ATC prior to departure seemingly the result of a language barrier.

Narrative: We took off at maximum gross weight. The Captain was flying. As we reduced to climb thrust I noticed an Airbus 320 that had departed Runway 1C in a sharp right turn. I told the Captain to 'watch out for traffic on the left; it looks like they are turning towards us.' A moment later it looked as if this aircraft was still in the turn towards our aircraft and at that moment Tower advised us of the aircraft and said they were not complying with their clearance and told us to stop our climb at 2;000. Then Tower told us to stop our climb at our current altitude; 1;500 FT and at that moment we received a 'descend' RA from TCAS. We climbed as high as 1;700 FT in our efforts to stop our climb and comply with ATC and the RA. As we leveled we were told to turn right to heading 090 and maintain altitude. I looked up and saw the Airbus A320 pass overhead in a climb passing 2;000 FT. We were then told to continue our right turn to heading 190. I saw the A320 pass off our right side and saw it was safe vertically to continue the turn and then noticed the foreign crew start a left turn towards the north. We continued south until we were clear of the conflict and were issued a climb then another turn towards the north and then on course. Our cockpit was very busy trying to avoid a collision. ATC was great keeping us away from the rising terrain to the north. I spoke to another pilot who was flying out at the time we departed and he informed me that ATC was having communication problems with this same flight while they were on the ground; ATC telling them the same clearance four or five times to get them to comply with their clearance. It seems that the major problem was a confused foreign crew without the required ability to understand and communicate in the English language as required.

Data retrieved from NASA's ASRS site as of July 2013 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.