Small transport climbed through altitude occupied by another aircraft.

Attributes
ACN	114497
Time
Date	198906
Day	Thu
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : sug airport : avl
State Reference	NC
Altitude	msl bound lower : 8000 msl bound upper : 9000
Environment
Flight Conditions	Marginal
Light	Daylight
Aircraft 1
Make Model Name	Small Transport, Low Wing, 2 Recip Eng
Flight Phase	climbout : intermediate altitude
Route In Use	departure other enroute airway : avl
Flight Plan	IFR
Aircraft 2
Make Model Name	Any Unknown or Unlisted Aircraft Manufacturer
Flight Phase	cruise other
Route In Use	enroute : on vectors
Flight Plan	IFR
Person 1
Affiliation	government : faa
Function	controller : handoff position
Qualification	controller : radar pilot : private
Experience	controller military : 4 controller radar : 14 controller supervisory : 1
ASRS Report	114497
Person 2
Affiliation	government : faa
Function	controller : approach
Qualification	controller : radar
Events
Anomaly	conflict : airborne less severe inflight encounter : weather non adherence : published procedure non adherence : required legal separation
Independent Detector	other controllera
Resolutory Action	controller : issued new clearance
Consequence	Other
Miss Distance	horizontal : 12000 vertical : 200
Supplementary
Primary Problem	ATC Human Performance
Air Traffic Incident	Pilot Deviation Operational Error

Narrative:

I was working the handoff position for the radar controller. We were moderately busy because thunderstorms in the area had increased the complexity of the control environment, with aircraft deviating around WX. The two aircraft involved were an overflt swbnd at 8000 MSL, and a departing small transport climbing sebnd to 9000 MSL. There was a WX area located southeast of avl airport and wsw of sug VORTAC. As the aircraft were converging, the controller requested a good rate of climb from the departure. As it became apparent that the departing aircraft would not reach 9000 before the aircraft passed, the radar controller turned the overflt aircraft right to pass behind the departure. The overflt refused the turn because of WX. The controller turned the overflt left to parallel the departure. I believe he may have turned the departure right ( I am not sure of all the facts since I was also occupied with handoffs and other coordination). The aircraft paralleled at approximately 1 1/2 to 2 1/2 miles. As the departure climbed from about 8200 to 9000, then they were returned to course. I believe the main factors contributing to this were the WX, and the refusal of the pilot to take a turn (we were not painting any WX at the time in the direction the turn was given). I think this situation could have been avoided had the controller used vertical separation, that is, stopped the departure at 7000 until the aircraft passed, since deviations and inability to take some headings are common with thunderstorm WX.

Original NASA ASRS Text

Title: SMT CLIMBED THROUGH ALT OCCUPIED BY ANOTHER ACFT.

Narrative: I WAS WORKING THE HANDOFF POSITION FOR THE RADAR CTLR. WE WERE MODERATELY BUSY BECAUSE TSTMS IN THE AREA HAD INCREASED THE COMPLEXITY OF THE CTL ENVIRONMENT, WITH ACFT DEVIATING AROUND WX. THE TWO ACFT INVOLVED WERE AN OVERFLT SWBND AT 8000 MSL, AND A DEPARTING SMT CLIMBING SEBND TO 9000 MSL. THERE WAS A WX AREA LOCATED SE OF AVL ARPT AND WSW OF SUG VORTAC. AS THE ACFT WERE CONVERGING, THE CTLR REQUESTED A GOOD RATE OF CLIMB FROM THE DEP. AS IT BECAME APPARENT THAT THE DEPARTING ACFT WOULD NOT REACH 9000 BEFORE THE ACFT PASSED, THE RADAR CTLR TURNED THE OVERFLT ACFT RIGHT TO PASS BEHIND THE DEP. THE OVERFLT REFUSED THE TURN BECAUSE OF WX. THE CTLR TURNED THE OVERFLT LEFT TO PARALLEL THE DEP. I BELIEVE HE MAY HAVE TURNED THE DEP RIGHT ( I AM NOT SURE OF ALL THE FACTS SINCE I WAS ALSO OCCUPIED WITH HANDOFFS AND OTHER COORD). THE ACFT PARALLELED AT APPROX 1 1/2 TO 2 1/2 MILES. AS THE DEP CLIMBED FROM ABOUT 8200 TO 9000, THEN THEY WERE RETURNED TO COURSE. I BELIEVE THE MAIN FACTORS CONTRIBUTING TO THIS WERE THE WX, AND THE REFUSAL OF THE PLT TO TAKE A TURN (WE WERE NOT PAINTING ANY WX AT THE TIME IN THE DIRECTION THE TURN WAS GIVEN). I THINK THIS SITUATION COULD HAVE BEEN AVOIDED HAD THE CTLR USED VERTICAL SEPARATION, THAT IS, STOPPED THE DEP AT 7000 UNTIL THE ACFT PASSED, SINCE DEVIATIONS AND INABILITY TO TAKE SOME HDGS ARE COMMON WITH TSTM WX.

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.