Controller failed to provide standard separation between 2 aircraft under his control.

Attributes
ACN	144191
Time
Date	199004
Day	Mon
Local Time Of Day	0601 To 1200
Place
Locale Reference	airport : fll
State Reference	FL
Altitude	msl bound lower : 4800 msl bound upper : 5000
Environment
Flight Conditions	Mixed
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : mia
Operator	common carrier : air carrier
Make Model Name	Widebody, Low Wing, 2 Turbojet Eng
Navigation In Use	Other
Flight Phase	climbout : intermediate altitude cruise other
Route In Use	departure : noise abatement departure other
Flight Plan	IFR
Aircraft 2
Operator	common carrier : air carrier
Make Model Name	Large Transport, Low Wing, 3 Turbojet Eng
Flight Phase	cruise other
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 215 flight time total : 14000 flight time type : 1000
ASRS Report	144191
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : commercial pilot : instrument
Events
Anomaly	conflict : airborne less severe non adherence : published procedure non adherence : required legal separation
Independent Detector	other flight crewa
Resolutory Action	flight crew : took evasive action
Consequence	faa : investigated
Miss Distance	horizontal : 700 vertical : 0
Supplementary
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Error

Narrative:

Upon leveling off at 5000', an large transport Y was sighted at same altitude, passing in front from right to left and in a left banking turn into our aircraft. I took evasive action by banking and turning to the right, as well as descending out of 5000'. This maneuver put us behind and below the large transport Y. The large transport Y did not take any evasive action. At the same time, we notified departure control and asked if he (departure controller) was aware of the traffic. Reply was, 'yes, level off at 4000'.' at this time we were approximately 4700'. Upon arriving at lga a message passed to me to call ZMA. I called and manager had all altitudes verified. Had us at 4800' leveling at 5000', and the large transport Y level at 4900'. Manager's explanation as to cause: our flight caused misunderstanding as we departed from mia to lga, but were flag stopped at fll to pick up additional passenger. This flight misunderstanding carried over to departure control. Departure controller's explanation was that we climbed to 5000' faster than anticipated. Note: our climb was a standard noise abatement climb.

Original NASA ASRS Text

Title: CTLR FAILED TO PROVIDE STANDARD SEPARATION BETWEEN 2 ACFT UNDER HIS CONTROL.

Narrative: UPON LEVELING OFF AT 5000', AN LGT Y WAS SIGHTED AT SAME ALT, PASSING IN FRONT FROM RIGHT TO LEFT AND IN A LEFT BANKING TURN INTO OUR ACFT. I TOOK EVASIVE ACTION BY BANKING AND TURNING TO THE RIGHT, AS WELL AS DSNDING OUT OF 5000'. THIS MANEUVER PUT US BEHIND AND BELOW THE LGT Y. THE LGT Y DID NOT TAKE ANY EVASIVE ACTION. AT THE SAME TIME, WE NOTIFIED DEP CTL AND ASKED IF HE (DEP CTLR) WAS AWARE OF THE TFC. REPLY WAS, 'YES, LEVEL OFF AT 4000'.' AT THIS TIME WE WERE APPROX 4700'. UPON ARRIVING AT LGA A MESSAGE PASSED TO ME TO CALL ZMA. I CALLED AND MGR HAD ALL ALTS VERIFIED. HAD US AT 4800' LEVELING AT 5000', AND THE LGT Y LEVEL AT 4900'. MGR'S EXPLANATION AS TO CAUSE: OUR FLT CAUSED MISUNDERSTANDING AS WE DEPARTED FROM MIA TO LGA, BUT WERE FLAG STOPPED AT FLL TO PICK UP ADDITIONAL PAX. THIS FLT MISUNDERSTANDING CARRIED OVER TO DEP CTL. DEP CTLR'S EXPLANATION WAS THAT WE CLBED TO 5000' FASTER THAN ANTICIPATED. NOTE: OUR CLB WAS A STANDARD NOISE ABATEMENT CLB.

Data retrieved from NASA's ASRS site as of July 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.