Air carrier X non adherence to ATC clearance had TCASII TA less than standard separation from air ca...

Attributes
ACN	295978
Time
Date	199502
Day	Wed
Local Time Of Day	0601 To 1200
Place
Locale Reference	atc facility : sbre
State Reference	FO
Altitude	msl bound lower : 31000 msl bound upper : 33000
Environment
Flight Conditions	VMC
Light	Night
Aircraft 1
Controlling Facilities	artcc : sbre
Operator	common carrier : air carrier
Make Model Name	Commercial Fixed Wing
Operating Under FAR Part	Part 121
Flight Phase	climbout : intermediate altitude
Route In Use	enroute : direct
Flight Plan	IFR
Aircraft 2
Operator	common carrier : air carrier
Make Model Name	Commercial Fixed Wing
Operating Under FAR Part	Part 121
Flight Phase	cruise other
Route In Use	enroute : direct
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 120 flight time total : 14000 flight time type : 8000
ASRS Report	295978
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : atp
Events
Anomaly	altitude deviation : excursion from assigned altitude conflict : airborne less severe non adherence : clearance non adherence : required legal separation
Independent Detector	other controllera
Resolutory Action	flight crew : returned to intended course or assigned course flight crew : took evasive action
Consequence	faa : reviewed incident with flight crew
Miss Distance	horizontal : 35000 vertical : 1300
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

At time OX48 feb/xx/95, air carrier X in contact with recife center on 128.7. Upon our request we were cleared to climb from FL310 to FL350 to call leaving FL310 and reaching FL350. We reported leaving FL310 to recife on 128.7 and told them we will call reaching FL350. But after FL315 we observed another traffic at FL330, about 20 mi out, opposite direction, left side 10 O'clock. We stopped climb and leveled off at FL317 then we also had the traffic on our TCASII. After calling recife center and inquiring about that traffic, the controller told us to descend to FL310. We proceeded to inform him that we had already passed opposite traffic. Then he changed the clearance and told us that the clearance was to climb FL350 after polda intersection. (Polda intersection is on airway UA32 on sa(hi) 5/6 map our estimating for polda was OX53 and we passed polda at OX57Z.) he did not give us any more information about that traffic. When we asked him again, he informed us that flight was air carrier Y. Y was on HF but our flight transferred to VHF. Still not under radar control.

Original NASA ASRS Text

Title: ACR X NON ADHERENCE TO ATC CLRNC HAD TCASII TA LTSS FROM ACR Y.

Narrative: AT TIME OX48 FEB/XX/95, ACR X IN CONTACT WITH RECIFE CTR ON 128.7. UPON OUR REQUEST WE WERE CLRED TO CLB FROM FL310 TO FL350 TO CALL LEAVING FL310 AND REACHING FL350. WE RPTED LEAVING FL310 TO RECIFE ON 128.7 AND TOLD THEM WE WILL CALL REACHING FL350. BUT AFTER FL315 WE OBSERVED ANOTHER TFC AT FL330, ABOUT 20 MI OUT, OPPOSITE DIRECTION, L SIDE 10 O'CLOCK. WE STOPPED CLB AND LEVELED OFF AT FL317 THEN WE ALSO HAD THE TFC ON OUR TCASII. AFTER CALLING RECIFE CTR AND INQUIRING ABOUT THAT TFC, THE CTLR TOLD US TO DSND TO FL310. WE PROCEEDED TO INFORM HIM THAT WE HAD ALREADY PASSED OPPOSITE TFC. THEN HE CHANGED THE CLRNC AND TOLD US THAT THE CLRNC WAS TO CLB FL350 AFTER POLDA INTXN. (POLDA INTXN IS ON AIRWAY UA32 ON SA(HI) 5/6 MAP OUR ESTIMATING FOR POLDA WAS OX53 AND WE PASSED POLDA AT OX57Z.) HE DID NOT GIVE US ANY MORE INFO ABOUT THAT TFC. WHEN WE ASKED HIM AGAIN, HE INFORMED US THAT FLT WAS ACR Y. Y WAS ON HF BUT OUR FLT TRANSFERRED TO VHF. STILL NOT UNDER RADAR CTL.

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.

Air carrier X non adherence to ATC clearance had TCASII TA less than standard separation from air carrier Y.