Inadvertent penetration of airspace.

Attributes
ACN	201771
Time
Date	199202
Day	Wed
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : rsw
State Reference	FL
Altitude	msl bound lower : 10000 msl bound upper : 10300
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : rsw
Operator	common carrier : air carrier
Make Model Name	Large Transport, Low Wing, 3 Turbojet Eng
Flight Phase	climbout : intermediate altitude
Route In Use	departure other enroute : on vectors enroute airway : zma enroute airway : rsw
Flight Plan	IFR
Aircraft 2
Make Model Name	Small Aircraft, High Wing, 1 Eng, Fixed Gear
Flight Phase	climbout : intermediate altitude
Route In Use	approach : visual
Flight Plan	VFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : instrument pilot : atp
ASRS Report	201771
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : commercial pilot : instrument
Events
Anomaly	altitude deviation : excursion from assigned altitude non adherence : clearance
Independent Detector	other flight crewa
Resolutory Action	flight crew : returned to intended course or assigned course flight crew : exited penetrated airspace
Consequence	Other
Miss Distance	vertical : 1000
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation other

Narrative:

I was pilot in command and pilot flying a (large transport) climbing through 7000 ft cleared to 10000 ft. Departure gave us traffic at 1 O'clock and 8 O'clock. Departure issued a heading change and we reported traffic in sight. Departure then said to return to original heading and keep visual separation with traffic. As we climbed over the traffic visually, our TCASII indicated the aircraft was climbing underneath us and thus caused a TCASII alert. The TCASII ceased as we climbed through 10000 ft and a hasty return to 10000 ft was accomplished. This problem was caused by my assuming the other aircraft was level at 8000 ft (as it turned out he was either climbing through 8000 ft or initiated a climb as we were in the process of climbing over him). In the future I will be more careful of accepting a VFR climb which requires a climb over other traffic. Supplemental information from acn 201769. The traffic was a high wing light civil ATC and when I initially acquired the traffic it was in a left turn with his port (low wing) toward us in that position it's highly unlikely that he ever saw us.

Original NASA ASRS Text

Title: INADVERTENT PENETRATION OF AIRSPACE.

Narrative: I WAS PLT IN COMMAND AND PLT FLYING A (LGT) CLBING THROUGH 7000 FT CLRED TO 10000 FT. DEP GAVE US TFC AT 1 O'CLOCK AND 8 O'CLOCK. DEP ISSUED A HDG CHANGE AND WE RPTED TFC IN SIGHT. DEP THEN SAID TO RETURN TO ORIGINAL HDG AND KEEP VISUAL SEPARATION WITH TFC. AS WE CLBED OVER THE TFC VISUALLY, OUR TCASII INDICATED THE ACFT WAS CLBING UNDERNEATH US AND THUS CAUSED A TCASII ALERT. THE TCASII CEASED AS WE CLBED THROUGH 10000 FT AND A HASTY RETURN TO 10000 FT WAS ACCOMPLISHED. THIS PROBLEM WAS CAUSED BY MY ASSUMING THE OTHER ACFT WAS LEVEL AT 8000 FT (AS IT TURNED OUT HE WAS EITHER CLBING THROUGH 8000 FT OR INITIATED A CLB AS WE WERE IN THE PROCESS OF CLBING OVER HIM). IN THE FUTURE I WILL BE MORE CAREFUL OF ACCEPTING A VFR CLB WHICH REQUIRES A CLB OVER OTHER TFC. SUPPLEMENTAL INFO FROM ACN 201769. THE TFC WAS A HIGH WING LIGHT CIVIL ATC AND WHEN I INITIALLY ACQUIRED THE TFC IT WAS IN A L TURN WITH HIS PORT (LOW WING) TOWARD US IN THAT POS IT'S HIGHLY UNLIKELY THAT HE EVER SAW US.

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.