Narrative:

Flight from sfo to mry. Captain asked me what's up with traffic 3 O'clock. I said looks like he's lower, I'll keep an eye out. The traffic was now remaining stationary in my side window. Captain asked controller about traffic at 3 O'clock. ATC responded its 12 O'clock 6000, we were 7000. The traffic in question was now 2:30 and not changing position in our windshield and the gap was closing. Captain queried ATC on 3 O'clock traffic again. ATC said traffic 12 O'clock, 6000. I said lets climb. Captain advised ATC we were climbing to 7500 to avoid 3 O'clock traffic. I climbed to 7500 till clear of traffic (later ATC said it was an widebody transport) then immediately descended to 7000. ATC advised captain to call when we landed. Captain called ATC and was verbally chewed out by ATC for climbing. 'We are non TCASII equipped and ATC was calling traffic 90 degree off what we saw, so we elected to climb for safety' was his statement. Recommendation: equipment all airliners operating in and out of lax/sfo area with TCASII. We need it. So does the east coast crowd. Remind controllers PIC means PIC and is final operating authority responsible for safety. Cockpit resource management teaches pilots to look for 'disconfirming information' traffic converging and showing to relative motion a 3 O'clock traffic called in our blind spot is definitely disconfirming information. We acted as a prudent crew should have!

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Original NASA ASRS Text

Title: COMMUTER ACFT DEVIATES FROM ASSIGNED ALT FOR TFC AVOIDANCE.

Narrative: FLT FROM SFO TO MRY. CAPT ASKED ME WHAT'S UP WITH TFC 3 O'CLOCK. I SAID LOOKS LIKE HE'S LOWER, I'LL KEEP AN EYE OUT. THE TFC WAS NOW REMAINING STATIONARY IN MY SIDE WINDOW. CAPT ASKED CTLR ABOUT TFC AT 3 O'CLOCK. ATC RESPONDED ITS 12 O'CLOCK 6000, WE WERE 7000. THE TFC IN QUESTION WAS NOW 2:30 AND NOT CHANGING POS IN OUR WINDSHIELD AND THE GAP WAS CLOSING. CAPT QUERIED ATC ON 3 O'CLOCK TFC AGAIN. ATC SAID TFC 12 O'CLOCK, 6000. I SAID LETS CLB. CAPT ADVISED ATC WE WERE CLBING TO 7500 TO AVOID 3 O'CLOCK TFC. I CLBED TO 7500 TILL CLR OF TFC (LATER ATC SAID IT WAS AN WDB) THEN IMMEDIATELY DSNDED TO 7000. ATC ADVISED CAPT TO CALL WHEN WE LANDED. CAPT CALLED ATC AND WAS VERBALLY CHEWED OUT BY ATC FOR CLBING. 'WE ARE NON TCASII EQUIPPED AND ATC WAS CALLING TFC 90 DEG OFF WHAT WE SAW, SO WE ELECTED TO CLB FOR SAFETY' WAS HIS STATEMENT. RECOMMENDATION: EQUIP ALL AIRLINERS OPERATING IN AND OUT OF LAX/SFO AREA WITH TCASII. WE NEED IT. SO DOES THE E COAST CROWD. REMIND CTLRS PIC MEANS PIC AND IS FINAL OPERATING AUTHORITY RESPONSIBLE FOR SAFETY. COCKPIT RESOURCE MGMNT TEACHES PLTS TO LOOK FOR 'DISCONFIRMING INFO' TFC CONVERGING AND SHOWING TO RELATIVE MOTION A 3 O'CLOCK TFC CALLED IN OUR BLIND SPOT IS DEFINITELY DISCONFIRMING INFO. WE ACTED AS A PRUDENT CREW SHOULD HAVE!

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.