B737 takes evasive action when TCASII alert is activated during departure.

Attributes
ACN	324313
Time
Date	199512
Day	Tue
Local Time Of Day	1801 To 2400
Place
Locale Reference	atc facility : lga
State Reference	NY
Altitude	msl bound lower : 1600 msl bound upper : 1600
Environment
Flight Conditions	VMC
Light	Night
Aircraft 1
Controlling Facilities	tracon : n90 tower : lga
Operator	common carrier : air carrier
Make Model Name	B737-200
Operating Under FAR Part	Part 121
Flight Phase	climbout : initial climbout : intermediate altitude
Route In Use	departure other
Flight Plan	IFR
Aircraft 2
Operator	common carrier : air carrier
Make Model Name	Beech 1900
Operating Under FAR Part	Part 135
Flight Phase	cruise other
Route In Use	enroute other
Flight Plan	VFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : flight engineer pilot : atp
Experience	flight time last 90 days : 92 flight time total : 15000 flight time type : 3000
ASRS Report	324313
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : instrument pilot : commercial pilot : atp
Events
Anomaly	conflict : nmac other anomaly other
Independent Detector	aircraft equipment other aircraft equipment : unspecified
Resolutory Action	flight crew : took evasive action
Consequence	faa : reviewed incident with flight crew
Miss Distance	horizontal : 400 vertical : 0
Supplementary
Primary Problem	ATC Human Performance
Situations
ATC Facility	procedure or policy : unspecified

Narrative:

TCASII RA during clean up after takeoff at lga. Other aircraft cleared VFR throgsneck direct lga tower facility on course. Aircraft (B1900) strayed west of clearance to a path over the east river. We were not advised of the VFR traffic. I feel this clearance issuance when lga is departing runway 04 is unsafe. Callback conversation with reporter revealed the following information: reporter states they had just been switched to departure control when the near midair collision occurred. He returned to tower frequency and questioned them on what happened. He was informed that there were 2 controllers working traffic, one for IFR and one for VFR. The VFR controller had neglected to notify the IFR controller of the traffic. By company regulation the TCASII is inhibited below 1000 ft so earlier alert was not possible. The commuter aircraft was coming from the northeast and heading for phl. Reporter is incensed that such a procedure is allowed when traffic is departing on runway 04. There is no sense for this to happen. He does not want anyone to be reprimanded for this, he only wants for the procedure to be stopped. Reporter has never been so upset by anything in 25 yrs of flying. Reporter believes the commuters save about 10 mins using VFR procedures. When traffic departing runway 04 he feels they should remain IFR through the area.

Original NASA ASRS Text

Title: B737 TAKES EVASIVE ACTION WHEN TCASII ALERT IS ACTIVATED DURING DEP.

Narrative: TCASII RA DURING CLEAN UP AFTER TKOF AT LGA. OTHER ACFT CLRED VFR THROGSNECK DIRECT LGA TWR FACILITY ON COURSE. ACFT (B1900) STRAYED W OF CLRNC TO A PATH OVER THE E RIVER. WE WERE NOT ADVISED OF THE VFR TFC. I FEEL THIS CLRNC ISSUANCE WHEN LGA IS DEPARTING RWY 04 IS UNSAFE. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: RPTR STATES THEY HAD JUST BEEN SWITCHED TO DEP CTL WHEN THE NMAC OCCURRED. HE RETURNED TO TWR FREQ AND QUESTIONED THEM ON WHAT HAPPENED. HE WAS INFORMED THAT THERE WERE 2 CTLRS WORKING TFC, ONE FOR IFR AND ONE FOR VFR. THE VFR CTLR HAD NEGLECTED TO NOTIFY THE IFR CTLR OF THE TFC. BY COMPANY REG THE TCASII IS INHIBITED BELOW 1000 FT SO EARLIER ALERT WAS NOT POSSIBLE. THE COMMUTER ACFT WAS COMING FROM THE NE AND HEADING FOR PHL. RPTR IS INCENSED THAT SUCH A PROC IS ALLOWED WHEN TFC IS DEPARTING ON RWY 04. THERE IS NO SENSE FOR THIS TO HAPPEN. HE DOES NOT WANT ANYONE TO BE REPRIMANDED FOR THIS, HE ONLY WANTS FOR THE PROC TO BE STOPPED. RPTR HAS NEVER BEEN SO UPSET BY ANYTHING IN 25 YRS OF FLYING. RPTR BELIEVES THE COMMUTERS SAVE ABOUT 10 MINS USING VFR PROCS. WHEN TFC DEPARTING RWY 04 HE FEELS THEY SHOULD REMAIN IFR THROUGH THE AREA.

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.