Visual separation in use air carrier X TCASII TA RA descend had near midair collision with aircraft Y. Evasive action descent. See and avoid concept. Aircraft Y non adherence to ATC clearance. Climb to new assigned altitude.

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Attributes
ACN	221789
Time
Date	199209
Day	Fri
Local Time Of Day	1801 To 2400
Place
Locale Reference	atc facility : den
State Reference	CO
Altitude	msl bound lower : 10000 msl bound upper : 10000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : den tracon : den
Operator	common carrier : air carrier
Make Model Name	Light Transport, Low Wing, 2 Turboprop Eng
Navigation In Use	Other Other
Flight Phase	cruise other
Route In Use	enroute : on vectors
Flight Plan	IFR
Aircraft 2
Make Model Name	Any Unknown or Unlisted Aircraft Manufacturer
Flight Phase	climbout : intermediate altitude
Route In Use	enroute : on vectors
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 250 flight time total : 18000 flight time type : 1700
ASRS Report	221789
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : atp
Experience	flight time last 90 days : 250 flight time total : 10250 flight time type : 500
ASRS Report	222218
Events
Anomaly	altitude deviation : excursion from assigned altitude conflict : nmac non adherence : clearance other anomaly other
Independent Detector	aircraft equipment other aircraft equipment : unspecified other flight crewa
Resolutory Action	flight crew : took evasive action
Consequence	Other
Miss Distance	horizontal : 0 vertical : 400
Supplementary
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Error
Situations
ATC Facility	procedure or policy : unspecified

Narrative:

On climb out from kden, assigned heading 340 degrees. Departure control asked if we saw aircraft Y at 11 O'clock climbing out ahead of us. We did see the traffic and said so. Departure control turned us to 255 degrees and the other aircraft Y to a generally west heading. We both leveled at the assigned 10000 ft. Departure control again asked us if we saw other aircraft Y and upon our affirmative reply, told us to maintain visual contact. Departure control then told the other aircraft Y 'turn to 170 degrees and climb to 12000 ft.' we watched the other aircraft turn directly into us. His altitude readout on our TCASII was still 10000 ft. We received a TA then an RA to descend which we did just as departure control told us to climb to FL200! We descended per the RA and I advised departure control that we were descending because of a TCASII RA. He said 'well you have him visually don't you?' the other aircraft passed almost directly over us at 10200 ft. We were descending through 9800 ft. We leveled at 9600 ft and returned to 10000 ft. The controller did not seem to grasp the seriousness of turning the other aircraft into us causing us to take evasive action. We would have taken evasive action even without TCASII.

Original NASA ASRS Text

Title: VISUAL SEPARATION IN USE ACR X TCASII TA RA DSND HAD NMAC WITH ACFT Y. EVASIVE ACTION DSCNT. SEE AND AVOID CONCEPT. ACFT Y NON ADHERENCE TO ATC CLRNC. CLB TO NEW ASSIGNED ALT.

Narrative: ON CLBOUT FROM KDEN, ASSIGNED HDG 340 DEGS. DEP CTL ASKED IF WE SAW ACFT Y AT 11 O'CLOCK CLBING OUT AHEAD OF US. WE DID SEE THE TFC AND SAID SO. DEP CTL TURNED US TO 255 DEGS AND THE OTHER ACFT Y TO A GENERALLY W HDG. WE BOTH LEVELED AT THE ASSIGNED 10000 FT. DEP CTL AGAIN ASKED US IF WE SAW OTHER ACFT Y AND UPON OUR AFFIRMATIVE REPLY, TOLD US TO MAINTAIN VISUAL CONTACT. DEP CTL THEN TOLD THE OTHER ACFT Y 'TURN TO 170 DEGS AND CLB TO 12000 FT.' WE WATCHED THE OTHER ACFT TURN DIRECTLY INTO US. HIS ALT READOUT ON OUR TCASII WAS STILL 10000 FT. WE RECEIVED A TA THEN AN RA TO DSND WHICH WE DID JUST AS DEP CTL TOLD US TO CLB TO FL200! WE DSNDED PER THE RA AND I ADVISED DEP CTL THAT WE WERE DSNDING BECAUSE OF A TCASII RA. HE SAID 'WELL YOU HAVE HIM VISUALLY DON'T YOU?' THE OTHER ACFT PASSED ALMOST DIRECTLY OVER US AT 10200 FT. WE WERE DSNDING THROUGH 9800 FT. WE LEVELED AT 9600 FT AND RETURNED TO 10000 FT. THE CTLR DID NOT SEEM TO GRASP THE SERIOUSNESS OF TURNING THE OTHER ACFT INTO US CAUSING US TO TAKE EVASIVE ACTION. WE WOULD HAVE TAKEN EVASIVE ACTION EVEN WITHOUT TCASII.

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.