ARTCC radar controller was attempting to use visual separation between a B757 at FL190 and a BE1900 that was VFR at 17500 ft. Controller intended to descend the B757 through the BE1900 altitude. The B757 PF refused the clearance and would not descend until normal separation existed.

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Attributes
ACN	324267
Time
Date	199512
Day	Sun
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : dpk
State Reference	NY
Altitude	msl bound lower : 17500 msl bound upper : 19000
Environment
Flight Conditions	VMC
Light	Night
Aircraft 1
Controlling Facilities	artcc : zbw
Operator	common carrier : air carrier
Make Model Name	Large Transport, Low Wing, 2 Turbojet Eng
Navigation In Use	Other Other
Flight Phase	cruise other
Route In Use	arrival other enroute airway : zbw
Flight Plan	IFR
Aircraft 2
Operator	common carrier : air carrier
Make Model Name	Light Transport, Low Wing, 2 Turboprop Eng
Flight Phase	cruise other
Flight Plan	VFR
Person 1
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : atp pilot : flight engineer
Experience	flight time last 90 days : 70 flight time total : 12800 flight time type : 900
ASRS Report	324267
Person 2
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Events
Anomaly	non adherence : published procedure non adherence : clearance other anomaly other
Independent Detector	other flight crewa
Resolutory Action	other
Consequence	Other
Supplementary
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Deviation

Narrative:

Level at FL190 proceeding northwest of dpk on DPK2 arrival to bdl. Both crew members spotted traffic VFR level at 17500 ft, 11 O'clock, approximately 10 mi ahead. Captain then left frequency to get ATIS. ATC then requested we maintain visual separation from traffic. For a few seconds, this was possible, but traffic went below captain's window line and I informed ATC we would be unable to maintain visual separation. ATC again reiterated 'maintain visual separation' with the implication that a descent was about to be issued based on it. I advised we were unable. ATC then issued a clearance to FL180 and maintain visual separation! Traffic was 11 O'clock 1 - 1 1/2 mi and we were on an intercept heading. I declined clearance and maintained FL190. ATC then tried to have us see the other aircraft visually after we passed it, but we were unable. Finally, we were well clear and a normal descent clearance was issued.

Original NASA ASRS Text

Title: ARTCC RADAR CTLR WAS ATTEMPTING TO USE VISUAL SEPARATION BTWN A B757 AT FL190 AND A BE1900 THAT WAS VFR AT 17500 FT. CTLR INTENDED TO DSND THE B757 THROUGH THE BE1900 ALT. THE B757 PF REFUSED THE CLRNC AND WOULD NOT DSND UNTIL NORMAL SEPARATION EXISTED.

Narrative: LEVEL AT FL190 PROCEEDING NW OF DPK ON DPK2 ARR TO BDL. BOTH CREW MEMBERS SPOTTED TFC VFR LEVEL AT 17500 FT, 11 O'CLOCK, APPROX 10 MI AHEAD. CAPT THEN LEFT FREQ TO GET ATIS. ATC THEN REQUESTED WE MAINTAIN VISUAL SEPARATION FROM TFC. FOR A FEW SECONDS, THIS WAS POSSIBLE, BUT TFC WENT BELOW CAPT'S WINDOW LINE AND I INFORMED ATC WE WOULD BE UNABLE TO MAINTAIN VISUAL SEPARATION. ATC AGAIN REITERATED 'MAINTAIN VISUAL SEPARATION' WITH THE IMPLICATION THAT A DSCNT WAS ABOUT TO BE ISSUED BASED ON IT. I ADVISED WE WERE UNABLE. ATC THEN ISSUED A CLRNC TO FL180 AND MAINTAIN VISUAL SEPARATION! TFC WAS 11 O'CLOCK 1 - 1 1/2 MI AND WE WERE ON AN INTERCEPT HDG. I DECLINED CLRNC AND MAINTAINED FL190. ATC THEN TRIED TO HAVE US SEE THE OTHER ACFT VISUALLY AFTER WE PASSED IT, BUT WE WERE UNABLE. FINALLY, WE WERE WELL CLR AND A NORMAL DSCNT CLRNC WAS ISSUED.

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.