Narrative:

Tower announced that they had a traffic alert on us, as we were passing through 1000' MSL. We looked and could see nothing and were entering clouds at that moment. First officer was flying. The captain asked for the position of the traffic. The tower gave the traffic at 2 O'clock, 1 mi, 1600'. The captain stated that we were leveling off at 1300', and the first officer leveled the aircraft. We had been climbing about 2000 FPM. The captain then asked the position of the traffic. He was then behind us and clear, so we resumed departure. We were advised later that they had the pilot and he would be violated for entering TCA west/O a clearance. We were in the clouds and never did see the aircraft in question. The only thing we did was to level the aircraft to stay out of his altitude.

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Original NASA ASRS Text

Title: WDB FLT CREW ON INITIAL CLIMB ADVISED OF TRAFFIC ALERT. REQUEST POSITION TRAFFIC. LEVELED OFF BELOW ALT OF CALLED TRAFFIC.

Narrative: TWR ANNOUNCED THAT THEY HAD A TFC ALERT ON US, AS WE WERE PASSING THROUGH 1000' MSL. WE LOOKED AND COULD SEE NOTHING AND WERE ENTERING CLOUDS AT THAT MOMENT. F/O WAS FLYING. THE CAPT ASKED FOR THE POS OF THE TFC. THE TWR GAVE THE TFC AT 2 O'CLOCK, 1 MI, 1600'. THE CAPT STATED THAT WE WERE LEVELING OFF AT 1300', AND THE F/O LEVELED THE ACFT. WE HAD BEEN CLBING ABOUT 2000 FPM. THE CAPT THEN ASKED THE POS OF THE TFC. HE WAS THEN BEHIND US AND CLR, SO WE RESUMED DEP. WE WERE ADVISED LATER THAT THEY HAD THE PLT AND HE WOULD BE VIOLATED FOR ENTERING TCA W/O A CLRNC. WE WERE IN THE CLOUDS AND NEVER DID SEE THE ACFT IN QUESTION. THE ONLY THING WE DID WAS TO LEVEL THE ACFT TO STAY OUT OF HIS ALT.

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.