Narrative:

I was level at 4000 ft when departure advised me of traffic at 10 O'clock (moving to 4 O'clock) at 3500 ft. Traffic was idented as an light transport visually and on TCASII. My first officer advised ATC that we had the traffic in sight. Our TCASII advised us not to descend. Then our TCASII alerted us to climb through visual and aural commands (red arc up to 1500 FPM climb with the green arc from 1500 FPM to 2000 FPM). Assuming that the traffic had initiated a climb and because of the close proximity and being on a collision course I responded with a climb to 4800 ft. This did not please departure control. The controller obviously wanted us to stay at 4000 ft and maintain visual separation. Furthermore, he was surprised that we were TCASII equipped. Our company had failed to show this on our flight plan. Departure control was advised as soon as my first officer got a word in, as the frequency was very busy. ATC sent us back to 4000 ft. To the best of my knowledge, our deviation did not cause a traffic conflict.

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Original NASA ASRS Text

Title: FLC OF AN LTT ACR ACFT CLBED ABOVE ASSIGNED DEP ALT IN RESPONSE TO A TCASII RA.

Narrative: I WAS LEVEL AT 4000 FT WHEN DEP ADVISED ME OF TFC AT 10 O'CLOCK (MOVING TO 4 O'CLOCK) AT 3500 FT. TFC WAS IDENTED AS AN LTT VISUALLY AND ON TCASII. MY FO ADVISED ATC THAT WE HAD THE TFC IN SIGHT. OUR TCASII ADVISED US NOT TO DSND. THEN OUR TCASII ALERTED US TO CLB THROUGH VISUAL AND AURAL COMMANDS (RED ARC UP TO 1500 FPM CLB WITH THE GREEN ARC FROM 1500 FPM TO 2000 FPM). ASSUMING THAT THE TFC HAD INITIATED A CLB AND BECAUSE OF THE CLOSE PROX AND BEING ON A COLLISION COURSE I RESPONDED WITH A CLB TO 4800 FT. THIS DID NOT PLEASE DEP CTL. THE CTLR OBVIOUSLY WANTED US TO STAY AT 4000 FT AND MAINTAIN VISUAL SEPARATION. FURTHERMORE, HE WAS SURPRISED THAT WE WERE TCASII EQUIPPED. OUR COMPANY HAD FAILED TO SHOW THIS ON OUR FLT PLAN. DEP CTL WAS ADVISED AS SOON AS MY FO GOT A WORD IN, AS THE FREQ WAS VERY BUSY. ATC SENT US BACK TO 4000 FT. TO THE BEST OF MY KNOWLEDGE, OUR DEV DID NOT CAUSE A TFC CONFLICT.

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.