Narrative:

The clearance from the burke lakefront ground controller was the same one that I get every night, (cleared as filed to the smith field airport, climb and maintain 2000 expect 4000 within 10 mins). The left engine RPM's did not respond to the left propeller control. I believe that about this time I was handed off to the cleveland departure controller. Handoff instruction was abbreviated, 'contact departure on 124.0.' when I received this handoff, I noticed that my altitude was approximately 2700 and climbing rapidly. I remember thinking that I was cleared by the burke lakefront tower to 4000. Since I thought that I was cleared on up to 4000, I made no attempt to correct the climb rate, and checked on with cleveland approach by stating, 'cleveland approach small transport X is with you out of 2.8 for 4000.' the controller immediately responded that I should be at 2000, and that this altitude was due to a potential conflict with an medium large transport that was on an ILS approach to the cleveland hopkins airport. I put my aircraft into an immediate steep descent that may have exceeded 2000 FPM. Upon reaching an altitude of 2400, I was contacted by the controller and advised that traffic was no longer a factor and I could not climb to 4000. I was handed off to toledo approach controller, and advised to contact the cleveland ATC facility at telephone. I should also mention that at the time of the conflict, and near miss, I overheard a conversation between the medium large transport and the cleveland ATC. The medium large transport pilot asked the controller what my altitude was and the controller responded that my aircraft was at 2800. The pilot responded, I'm sure glad that I didn't do what my TCASII equipment told me to do. It told me to dive. The ATC controller agreed.

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Original NASA ASRS Text

Title: PLT OF ATX OVERSHOT ASSIGNED ALT DEPARTING LAKE FRONT ARPT BECAME CONFLICT FOR MLG APCHING CLE.

Narrative: THE CLRNC FROM THE BURKE LAKEFRONT GND CTLR WAS THE SAME ONE THAT I GET EVERY NIGHT, (CLRED AS FILED TO THE SMITH FIELD ARPT, CLB AND MAINTAIN 2000 EXPECT 4000 WITHIN 10 MINS). THE L ENG RPM'S DID NOT RESPOND TO THE L PROP CTL. I BELIEVE THAT ABOUT THIS TIME I WAS HANDED OFF TO THE CLEVELAND DEP CTLR. HDOF INSTRUCTION WAS ABBREVIATED, 'CONTACT DEP ON 124.0.' WHEN I RECEIVED THIS HDOF, I NOTICED THAT MY ALT WAS APPROX 2700 AND CLBING RAPIDLY. I REMEMBER THINKING THAT I WAS CLRED BY THE BURKE LAKEFRONT TWR TO 4000. SINCE I THOUGHT THAT I WAS CLRED ON UP TO 4000, I MADE NO ATTEMPT TO CORRECT THE CLB RATE, AND CHKED ON WITH CLEVELAND APCH BY STATING, 'CLEVELAND APCH SMT X IS WITH YOU OUT OF 2.8 FOR 4000.' THE CTLR IMMEDIATELY RESPONDED THAT I SHOULD BE AT 2000, AND THAT THIS ALT WAS DUE TO A POTENTIAL CONFLICT WITH AN MLG THAT WAS ON AN ILS APCH TO THE CLEVELAND HOPKINS ARPT. I PUT MY ACFT INTO AN IMMEDIATE STEEP DSCNT THAT MAY HAVE EXCEEDED 2000 FPM. UPON REACHING AN ALT OF 2400, I WAS CONTACTED BY THE CTLR AND ADVISED THAT TFC WAS NO LONGER A FACTOR AND I COULD NOT CLB TO 4000. I WAS HANDED OFF TO TOLEDO APCH CTLR, AND ADVISED TO CONTACT THE CLEVELAND ATC FACILITY AT TELEPHONE. I SHOULD ALSO MENTION THAT AT THE TIME OF THE CONFLICT, AND NEAR MISS, I OVERHEARD A CONVERSATION BTWN THE MLG AND THE CLEVELAND ATC. THE MLG PLT ASKED THE CTLR WHAT MY ALT WAS AND THE CTLR RESPONDED THAT MY ACFT WAS AT 2800. THE PLT RESPONDED, I'M SURE GLAD THAT I DIDN'T DO WHAT MY TCASII EQUIP TOLD ME TO DO. IT TOLD ME TO DIVE. THE ATC CTLR AGREED.

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.