Air carrier X TCASII RA with aircraft Y climbing through occupied altitude. Evasive action climb and...

Attributes
ACN	300340
Time
Date	199503
Day	Tue
Local Time Of Day	0601 To 1200
Place
Locale Reference	atc facility : pie
State Reference	FL
Altitude	msl bound lower : 12000 msl bound upper : 12500
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Operator	common carrier : air carrier
Make Model Name	Commercial Fixed Wing
Operating Under FAR Part	Part 121
Navigation In Use	Other Other
Flight Phase	cruise other cruise other
Route In Use	enroute : direct enroute airway : zma
Flight Plan	IFR
Aircraft 2
Make Model Name	Any Unknown or Unlisted Aircraft Manufacturer
Operating Under FAR Part	other : unknown
Flight Phase	climbout : intermediate altitude
Route In Use	enroute : direct
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : instrument pilot : commercial pilot : cfi
Experience	flight time last 90 days : 115 flight time total : 4000 flight time type : 1400
ASRS Report	300340
Person 2
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Events
Anomaly	altitude deviation : excursion from assigned altitude conflict : airborne less severe other spatial deviation
Independent Detector	aircraft equipment other aircraft equipment : unspecified other controllera other flight crewa
Resolutory Action	flight crew : took evasive action
Consequence	Other
Miss Distance	horizontal : 6000 vertical : 500
Supplementary
Primary Problem	ATC Human Performance
Air Traffic Incident	other

Narrative:

ATC called out traffic below us at our 10 O'clock position. I reported the traffic in sight and was told to maintain visual separation with traffic. ATC then asked the conflict aircraft Y if he had us in sight. He responded 'no.' ATC then cleared the aircraft Y to climb to 14000 ft. Shortly thereafter, we received an RA on the TCASII. We responded by turning to approximately 360 degree heading and climbed approximately 500 ft. The conflict aircraft should have never been cleared to climb. Whether we had visual contact or not, it was very obvious that a conflict was going to occur in letting the other aircraft climb through our altitude.

Original NASA ASRS Text

Title: ACR X TCASII RA WITH ACFT Y CLBING THROUGH OCCUPIED ALT. EVASIVE ACTION CLB AND TURN.

Narrative: ATC CALLED OUT TFC BELOW US AT OUR 10 O'CLOCK POS. I RPTED THE TFC IN SIGHT AND WAS TOLD TO MAINTAIN VISUAL SEPARATION WITH TFC. ATC THEN ASKED THE CONFLICT ACFT Y IF HE HAD US IN SIGHT. HE RESPONDED 'NO.' ATC THEN CLRED THE ACFT Y TO CLB TO 14000 FT. SHORTLY THEREAFTER, WE RECEIVED AN RA ON THE TCASII. WE RESPONDED BY TURNING TO APPROX 360 DEG HDG AND CLBED APPROX 500 FT. THE CONFLICT ACFT SHOULD HAVE NEVER BEEN CLRED TO CLB. WHETHER WE HAD VISUAL CONTACT OR NOT, IT WAS VERY OBVIOUS THAT A CONFLICT WAS GOING TO OCCUR IN LETTING THE OTHER ACFT CLB THROUGH OUR ALT.

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 TCASII RA with aircraft Y climbing through occupied altitude. Evasive action climb and turn.