Narrative:

First officer was flying aircraft, level at 10000 ft. Approach gave right turn to 270 degree. Captain asked if #1 for approach. Reply was 'roger, have one VFR at 12 O'clock, 9500 ft, when clear will clear for visual.' VFR aircraft showed on TCASII at 2 and a half NM, 12 O'clock, 400 ft below. Not being able to see visually, first officer asked me if he could turn right and put VFR aircraft on our left wing. I said go ahead and called approach control and said we were turning right to avoid traffic. No response from approach, VFR approximately 1 M and TCASII showing 300-400 ft below and still no visual. Told approach once again we were in a turn, no response. As VFR passed on left on TCASII and before we could begin a turn back to original heading, approach called and wanted to know why we turned. Attempted to explain, approach became confrontational. We landed and I called approach control supervisor on phone, explained why I turned. He indicated no problem and I told him I did not have time to ask for a vector.

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Original NASA ASRS Text

Title: AN ACR WDB USED ITS TCASII FOR TFC SEPARATION IN THE LATERAL PLANE VICE THE VERT.

Narrative: FO WAS FLYING ACFT, LEVEL AT 10000 FT. APCH GAVE R TURN TO 270 DEG. CAPT ASKED IF #1 FOR APCH. REPLY WAS 'ROGER, HAVE ONE VFR AT 12 O'CLOCK, 9500 FT, WHEN CLEAR WILL CLEAR FOR VISUAL.' VFR ACFT SHOWED ON TCASII AT 2 AND A HALF NM, 12 O'CLOCK, 400 FT BELOW. NOT BEING ABLE TO SEE VISUALLY, FO ASKED ME IF HE COULD TURN R AND PUT VFR ACFT ON OUR L WING. I SAID GO AHEAD AND CALLED APCH CTL AND SAID WE WERE TURNING R TO AVOID TFC. NO RESPONSE FROM APCH, VFR APPROX 1 M AND TCASII SHOWING 300-400 FT BELOW AND STILL NO VISUAL. TOLD APCH ONCE AGAIN WE WERE IN A TURN, NO RESPONSE. AS VFR PASSED ON L ON TCASII AND BEFORE WE COULD BEGIN A TURN BACK TO ORIGINAL HDG, APCH CALLED AND WANTED TO KNOW WHY WE TURNED. ATTEMPTED TO EXPLAIN, APCH BECAME CONFRONTATIONAL. WE LANDED AND I CALLED APCH CTL SUPVR ON PHONE, EXPLAINED WHY I TURNED. HE INDICATED NO PROB AND I TOLD HIM I DID NOT HAVE TIME TO ASK FOR A VECTOR.

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.