Flight crew of a cpr light transport jet aircraft climbed through another aircraft's assigned altitude without clearance from ATC.

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Attributes
ACN	255696
Time
Date	199311
Day	Mon
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : cyn
State Reference	NJ
Altitude	msl bound lower : 20000 msl bound upper : 22000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zny
Operator	general aviation : corporate
Make Model Name	Light Transport
Flight Phase	climbout : intermediate altitude
Route In Use	enroute airway : zny
Flight Plan	IFR
Aircraft 2
Operator	common carrier : air carrier
Make Model Name	Medium Transport, High Wing, 2 Turboprop Eng
Navigation In Use	Other Other
Flight Phase	cruise other
Flight Plan	IFR
Person 1
Affiliation	government : faa
Function	controller : radar
Qualification	controller : radar
Experience	controller radar : 4
ASRS Report	255696
Person 2
Affiliation	Other
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Events
Anomaly	altitude deviation : excursion from assigned altitude conflict : airborne less severe non adherence : clearance other anomaly other
Independent Detector	aircraft equipment other aircraft equipment : unspecified other controllera other flight crewa
Resolutory Action	none taken : anomaly accepted
Consequence	Other
Miss Distance	horizontal : 12000 vertical : 100
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

Air carrier mdt Y eastbound FL210. Light transport X swbound climbed to FL200 due to traffic. Light transport X was called the traffic at 12 O'clock 3 mi eastbound FL210. Light transport X replied either 'we're looking,' or 'we're looking at him' (during this time light transport X was level at FL200.) I was working approximately 16 planes and went to another clearance. At this time, light transport X climbed right through the mdt altitude and stopped his climb at FL220. Mdt Y advised me he had a TCASII RA to climb and that they saw the traffic. The pilot of light transport X was mexican. I have no idea what prompted him to climb. Normally, I try to call traffic to non- english speaking pilots as 1000 ft above or below you thus, trying to avoid confusion of a possible clearance to that altitude. This time I called traffic at FL210. However light transport X climbed to FL220. No other aircraft received a clearance to FL220. I asked light transport X what altitude he was cleared to and he said FL220. Why then did he stop at FL200 initially? Tapes concluded that light transport X was cleared to FL200 and that was what he acknowledged.

Original NASA ASRS Text

Title: FLC OF A CPR LTT JET ACFT CLBED THROUGH ANOTHER ACFT'S ASSIGNED ALT WITHOUT CLRNC FROM ATC.

Narrative: ACR MDT Y EBOUND FL210. LTT X SWBOUND CLBED TO FL200 DUE TO TFC. LTT X WAS CALLED THE TFC AT 12 O'CLOCK 3 MI EBOUND FL210. LTT X REPLIED EITHER 'WE'RE LOOKING,' OR 'WE'RE LOOKING AT HIM' (DURING THIS TIME LTT X WAS LEVEL AT FL200.) I WAS WORKING APPROX 16 PLANES AND WENT TO ANOTHER CLRNC. AT THIS TIME, LTT X CLBED RIGHT THROUGH THE MDT ALT AND STOPPED HIS CLB AT FL220. MDT Y ADVISED ME HE HAD A TCASII RA TO CLB AND THAT THEY SAW THE TFC. THE PLT OF LTT X WAS MEXICAN. I HAVE NO IDEA WHAT PROMPTED HIM TO CLB. NORMALLY, I TRY TO CALL TFC TO NON- ENGLISH SPEAKING PLTS AS 1000 FT ABOVE OR BELOW YOU THUS, TRYING TO AVOID CONFUSION OF A POSSIBLE CLRNC TO THAT ALT. THIS TIME I CALLED TFC AT FL210. HOWEVER LTT X CLBED TO FL220. NO OTHER ACFT RECEIVED A CLRNC TO FL220. I ASKED LTT X WHAT ALT HE WAS CLRED TO AND HE SAID FL220. WHY THEN DID HE STOP AT FL200 INITIALLY? TAPES CONCLUDED THAT LTT X WAS CLRED TO FL200 AND THAT WAS WHAT HE ACKNOWLEDGED.

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.