Narrative:

After a north departure from dfw we were given a west turn and a climb to 17000'. We were working frequency 124.25. The controller advised, 'traffic 12 O'clock, inbound at 11000.' I responded, 'yes, we're watching him.' the captain and I both realized that, although not life threatening, the clearance was in error (to 17000'). He then expedited his climb through 11000'. The controller asked, 'what is your assigned altitude?' I responded, '17000'. We've been talking about that, no sweat.' he then gave us a futile right turn as the conflict passed behind us. There was no danger because of the VMC and the traffic call by the controller. See and avoid worked fine. I believe this was a simple error on the departure controller's part. In IMC this would have been totally different, especially had we accelerated between 10000 and 11000'.

Google
 

Original NASA ASRS Text

Title: ACR WDB LESS THAN LEGAL SEPARATION ON CLIMB OUT FROM DFW.

Narrative: AFTER A N DEP FROM DFW WE WERE GIVEN A W TURN AND A CLB TO 17000'. WE WERE WORKING FREQ 124.25. THE CTLR ADVISED, 'TFC 12 O'CLOCK, INBND AT 11000.' I RESPONDED, 'YES, WE'RE WATCHING HIM.' THE CAPT AND I BOTH REALIZED THAT, ALTHOUGH NOT LIFE THREATENING, THE CLRNC WAS IN ERROR (TO 17000'). HE THEN EXPEDITED HIS CLB THROUGH 11000'. THE CTLR ASKED, 'WHAT IS YOUR ASSIGNED ALT?' I RESPONDED, '17000'. WE'VE BEEN TALKING ABOUT THAT, NO SWEAT.' HE THEN GAVE US A FUTILE RIGHT TURN AS THE CONFLICT PASSED BEHIND US. THERE WAS NO DANGER BECAUSE OF THE VMC AND THE TFC CALL BY THE CTLR. SEE AND AVOID WORKED FINE. I BELIEVE THIS WAS A SIMPLE ERROR ON THE DEP CTLR'S PART. IN IMC THIS WOULD HAVE BEEN TOTALLY DIFFERENT, ESPECIALLY HAD WE ACCELERATED BTWN 10000 AND 11000'.

Data retrieved from NASA's ASRS site as of August 2007 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.