TCASII TA RA senses a potential conflict with climbing crossing traffic in VFR climb through occupied altitude. Reporter cites ARTCC radar controller technique ATC as causal. Truly a see and avoid concept that was scheduled by ATC.

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Attributes
ACN	262756
Time
Date	199402
Day	Thu
Local Time Of Day	0601 To 1200
Place
Locale Reference	atc facility : sbj
State Reference	NJ
Altitude	msl bound lower : 12000 msl bound upper : 12400
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zny
Operator	common carrier : air carrier
Make Model Name	DHC-7
Operating Under FAR Part	Part 121
Flight Phase	cruise other
Route In Use	enroute : direct
Flight Plan	IFR
Aircraft 2
Operator	common carrier : air carrier
Make Model Name	B737 Undifferentiated or Other Model
Operating Under FAR Part	Part 121
Flight Phase	climbout : intermediate altitude
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 240 flight time total : 10100 flight time type : 3000
ASRS Report	262756
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 controllera other flight crewa
Resolutory Action	flight crew : took evasive action
Consequence	faa : reviewed incident with flight crew
Miss Distance	horizontal : 5000 vertical : 900
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation other
Situations
ATC Facility	procedure or policy : unspecified

Narrative:

Cleared direct solberg VOR at 12000 ft. In cruise, level at 12000 ft, approximately 20 mi northeast of VOR, saw 737 traffic 10 O'clock, low. Center (120.75) advised of traffic. We replied in sight. Center said he was at 11000 ft and asked 737 if he had us in sight. He replied affirmative. Center told us to maintain visual separation and told other air carrier 737 to climb. I could see that he would pass below, on present flight paths, so I turned left to pass behind him in order to maintain visual contact. In turn, got a TCASII RA 'climb-climb' indicating we should climb at 2500 FPM. I did climb and at 12400 ft the 'clear of conflict' sounded and I descended back to 12000 ft. I asked controller why we were the one given the responsibility to maintain separation while the other aircraft was the one changing altitude. Also advised of TCASII RA. He smugly replied, 'it's legal.' had ATC waited 1 min, our paths would have crossed and no conflict could have been possible. This same situation has occurred to me, in approximately the same location, about 6 times before. What is the big rush to climb these jets when a few mins or less will avoid traffic conflicts? Air carrier Y said he started to climb then stopped, until clear of us. In IMC this would not have happened. In the future, I will refuse to maintain visual separation ('unable') for ATC.

Original NASA ASRS Text

Title: TCASII TA RA SENSES A POTENTIAL CONFLICT WITH CLBING XING TFC IN VFR CLB THROUGH OCCUPIED ALT. RPTR CITES ARTCC RADAR CTLR TECHNIQUE ATC AS CAUSAL. TRULY A SEE AND AVOID CONCEPT THAT WAS SCHEDULED BY ATC.

Narrative: CLRED DIRECT SOLBERG VOR AT 12000 FT. IN CRUISE, LEVEL AT 12000 FT, APPROX 20 MI NE OF VOR, SAW 737 TFC 10 O'CLOCK, LOW. CTR (120.75) ADVISED OF TFC. WE REPLIED IN SIGHT. CTR SAID HE WAS AT 11000 FT AND ASKED 737 IF HE HAD US IN SIGHT. HE REPLIED AFFIRMATIVE. CTR TOLD US TO MAINTAIN VISUAL SEPARATION AND TOLD OTHER ACR 737 TO CLB. I COULD SEE THAT HE WOULD PASS BELOW, ON PRESENT FLT PATHS, SO I TURNED L TO PASS BEHIND HIM IN ORDER TO MAINTAIN VISUAL CONTACT. IN TURN, GOT A TCASII RA 'CLB-CLB' INDICATING WE SHOULD CLB AT 2500 FPM. I DID CLB AND AT 12400 FT THE 'CLR OF CONFLICT' SOUNDED AND I DSNDED BACK TO 12000 FT. I ASKED CTLR WHY WE WERE THE ONE GIVEN THE RESPONSIBILITY TO MAINTAIN SEPARATION WHILE THE OTHER ACFT WAS THE ONE CHANGING ALT. ALSO ADVISED OF TCASII RA. HE SMUGLY REPLIED, 'IT'S LEGAL.' HAD ATC WAITED 1 MIN, OUR PATHS WOULD HAVE CROSSED AND NO CONFLICT COULD HAVE BEEN POSSIBLE. THIS SAME SIT HAS OCCURRED TO ME, IN APPROX THE SAME LOCATION, ABOUT 6 TIMES BEFORE. WHAT IS THE BIG RUSH TO CLB THESE JETS WHEN A FEW MINS OR LESS WILL AVOID TFC CONFLICTS? ACR Y SAID HE STARTED TO CLB THEN STOPPED, UNTIL CLR OF US. IN IMC THIS WOULD NOT HAVE HAPPENED. IN THE FUTURE, I WILL REFUSE TO MAINTAIN VISUAL SEPARATION ('UNABLE') FOR ATC.

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.