Air carrier X flight crew non compliance with ATC clearance. Pilot deviation.

Attributes
ACN	202909
Time
Date	199202
Day	Sat
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : zkc
State Reference	MO
Altitude	msl bound lower : 33000 msl bound upper : 33000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zkc
Operator	common carrier : air carrier
Make Model Name	Widebody, Low Wing, 3 Turbojet Eng
Flight Phase	cruise other
Route In Use	enroute : on vectors
Flight Plan	IFR
Aircraft 2
Operator	common carrier : air carrier
Make Model Name	Medium Large Transport, Low Wing, 2 Turbojet Eng
Flight Phase	cruise other
Route In Use	enroute : direct
Flight Plan	IFR
Person 1
Affiliation	government : faa
Function	controller : radar
Qualification	controller : radar
ASRS Report	202909
Person 2
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Events
Anomaly	non adherence : clearance
Independent Detector	atc equipment other atc equipment : unspecified other controllera
Resolutory Action	controller : issued new clearance other
Consequence	faa : reviewed incident with flight crew
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	other

Narrative:

Air carrier X, a sebound jet had traffic with air carrier Y a nebound jet at FL330. I gave an ATC clearance to air carrier X to turn right 25 degree for traffic. He came back with a reply of, 'I'm not sure I want to do that center, I've got traffic at 1 O'clock and 20 mi and a right turn will put me into him.' I told him to turn 30 degree right and expedite the turn as conflict alert was activated. I went on to explain to him that the plan was to take him behind the traffic. Additional FL330 traffic was 20 mi intrail of the first jet I had turned him behind. So I needed to turn him back on course in a timely manner. I asked for his heading and turned him 20 degree back to the left. He once again questioned my clearance. He thought I was turning him back too soon and was going to hit the traffic I turned him for in the first place. I again explained the situation and cleared him direct ict. I'm thankful I've never had to deal with 2 TCASII equipped aircraft who both had traffic in different parts of my sector. Or what about 3 or 4? The workload was indeed increased by just the one.

Original NASA ASRS Text

Title: ACR X FLC NON COMPLIANCE WITH ATC CLRNC. PLTDEV.

Narrative: ACR X, A SEBOUND JET HAD TFC WITH ACR Y A NEBOUND JET AT FL330. I GAVE AN ATC CLRNC TO ACR X TO TURN R 25 DEG FOR TFC. HE CAME BACK WITH A REPLY OF, 'I'M NOT SURE I WANT TO DO THAT CTR, I'VE GOT TFC AT 1 O'CLOCK AND 20 MI AND A R TURN WILL PUT ME INTO HIM.' I TOLD HIM TO TURN 30 DEG R AND EXPEDITE THE TURN AS CONFLICT ALERT WAS ACTIVATED. I WENT ON TO EXPLAIN TO HIM THAT THE PLAN WAS TO TAKE HIM BEHIND THE TFC. ADDITIONAL FL330 TFC WAS 20 MI INTRAIL OF THE FIRST JET I HAD TURNED HIM BEHIND. SO I NEEDED TO TURN HIM BACK ON COURSE IN A TIMELY MANNER. I ASKED FOR HIS HDG AND TURNED HIM 20 DEG BACK TO THE L. HE ONCE AGAIN QUESTIONED MY CLRNC. HE THOUGHT I WAS TURNING HIM BACK TOO SOON AND WAS GOING TO HIT THE TFC I TURNED HIM FOR IN THE FIRST PLACE. I AGAIN EXPLAINED THE SITUATION AND CLRED HIM DIRECT ICT. I'M THANKFUL I'VE NEVER HAD TO DEAL WITH 2 TCASII EQUIPPED ACFT WHO BOTH HAD TFC IN DIFFERENT PARTS OF MY SECTOR. OR WHAT ABOUT 3 OR 4? THE WORKLOAD WAS INDEED INCREASED BY JUST THE ONE.

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.