Potential conflict when flight crew's response to visual climb separation was conditional.

Attributes
ACN	292493
Time
Date	199412
Day	Mon
Local Time Of Day	1801 To 2400
Place
Locale Reference	airport : roc
State Reference	NY
Altitude	msl bound lower : 5900 msl bound upper : 6000
Environment
Flight Conditions	VMC
Light	Night
Aircraft 1
Controlling Facilities	tracon : roc
Operator	common carrier : air carrier
Make Model Name	B737 Undifferentiated or Other Model
Operating Under FAR Part	Part 121
Flight Phase	climbout : intermediate altitude
Route In Use	approach : visual
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	descent other
Route In Use	enroute : on vectors
Flight Plan	IFR
Person 1
Affiliation	government : faa
Function	controller : departure
Qualification	controller : radar
Experience	controller radar : 6
ASRS Report	292493
Person 2
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Events
Anomaly	conflict : airborne less severe non adherence : clearance non adherence : required legal separation non adherence : far
Independent Detector	aircraft equipment other aircraft equipment : unspecified other controllera
Resolutory Action	flight crew : took evasive action
Consequence	faa : reviewed incident with flight crew
Miss Distance	horizontal : 3000 vertical : 100
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

Aircraft a was inbound landing airport descending to 6000 ft MSL. Aircraft B was departing same airport climbing to 5000 ft MSL. Both aircraft's flight paths were crossing. Aircraft B reported aircraft a in sight. Aircraft B was then issued a maintain visual separation clearance with aircraft a and to climb to 10000 ft MSL. Aircraft a was told about aircraft B's position (and traffic information) and pilot's intentions to climb and maintain visual separation. Aircraft B climbed right into other aircraft's flight path causing aircraft a to comply to a TCASII RA to climb and take evasive action. It was later stated by aircraft B in response to a question if he was maintaining visual separation with aircraft a 'I told you I would try to maintain visual separation.' if a pilot cannot comply with an ATC clearance, then the pilot should state so and ask for another clearance.

Original NASA ASRS Text

Title: POTENTIAL CONFLICT WHEN FLC'S RESPONSE TO VISUAL CLB SEPARATION WAS CONDITIONAL.

Narrative: ACFT A WAS INBOUND LNDG ARPT DSNDING TO 6000 FT MSL. ACFT B WAS DEPARTING SAME ARPT CLBING TO 5000 FT MSL. BOTH ACFT'S FLT PATHS WERE XING. ACFT B RPTED ACFT A IN SIGHT. ACFT B WAS THEN ISSUED A MAINTAIN VISUAL SEPARATION CLRNC WITH ACFT A AND TO CLB TO 10000 FT MSL. ACFT A WAS TOLD ABOUT ACFT B'S POS (AND TFC INFO) AND PLT'S INTENTIONS TO CLB AND MAINTAIN VISUAL SEPARATION. ACFT B CLBED RIGHT INTO OTHER ACFT'S FLT PATH CAUSING ACFT A TO COMPLY TO A TCASII RA TO CLB AND TAKE EVASIVE ACTION. IT WAS LATER STATED BY ACFT B IN RESPONSE TO A QUESTION IF HE WAS MAINTAINING VISUAL SEPARATION WITH ACFT A 'I TOLD YOU I WOULD TRY TO MAINTAIN VISUAL SEPARATION.' IF A PLT CANNOT COMPLY WITH AN ATC CLRNC, THEN THE PLT SHOULD STATE SO AND ASK FOR ANOTHER CLRNC.

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.