Air carrier PIC blames ATC as reason for potential conflict in climb to through occupied altitude.

Attributes
ACN	242828
Time
Date	199305
Day	Sun
Local Time Of Day	1801 To 2400
Place
Locale Reference	atc facility : gon airport : bdl
State Reference	CT
Altitude	msl bound lower : 6000 msl bound upper : 6000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : bdl
Operator	common carrier : air carrier
Make Model Name	Medium Transport, High Wing, 2 Turboprop Eng
Flight Phase	climbout : intermediate altitude
Route In Use	enroute airway : bdl
Flight Plan	IFR
Aircraft 2
Make Model Name	Any Unknown or Unlisted Aircraft Manufacturer
Flight Phase	cruise other
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : cfi pilot : atp
Experience	flight time last 90 days : 150 flight time total : 6400 flight time type : 4000
ASRS Report	242828
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : instrument pilot : commercial
Events
Anomaly	conflict : airborne less severe other anomaly other
Independent Detector	aircraft equipment other aircraft equipment : unspecified other flight crewa other other : unspecified atc
Resolutory Action	flight crew : took evasive action
Consequence	Other
Supplementary
Primary Problem	ATC Human Performance
Air Traffic Incident	other
Situations
ATC Facility	procedure or policy : unspecified

Narrative:

TCASII RA initiated then disconnected maneuver when traffic sighted visually. Note: ATC called traffic. Had we not seen or initiated level off we would have been much closer to the aircraft. After reviewing situation and notifying ATC, the first officer and I agreed since ATC had both aircraft he should not have climbed us (cleared us) through the other aircraft's altitude. ATC did not realize a conflict because they did not correctly estimate our climb rate.

Original NASA ASRS Text

Title: ACR PIC BLAMES ATC AS REASON FOR POTENTIAL CONFLICT IN CLB TO THROUGH OCCUPIED ALT.

Narrative: TCASII RA INITIATED THEN DISCONNECTED MANEUVER WHEN TFC SIGHTED VISUALLY. NOTE: ATC CALLED TFC. HAD WE NOT SEEN OR INITIATED LEVEL OFF WE WOULD HAVE BEEN MUCH CLOSER TO THE ACFT. AFTER REVIEWING SIT AND NOTIFYING ATC, THE FO AND I AGREED SINCE ATC HAD BOTH ACFT HE SHOULD NOT HAVE CLBED US (CLRED US) THROUGH THE OTHER ACFT'S ALT. ATC DID NOT REALIZE A CONFLICT BECAUSE THEY DID NOT CORRECTLY ESTIMATE OUR CLB RATE.

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.