Approach controller gave an air carrier B757 at 14000 ft a TA on a BE36 VFR and climbing to 13500 ft...

Attributes
ACN	350243
Time
Date	199610
Day	Wed
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : orl airport : mco
State Reference	FL
Altitude	msl bound lower : 13500 msl bound upper : 14500
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : mco
Operator	common carrier : air carrier
Make Model Name	B757 Undifferentiated or Other Model
Operating Under FAR Part	Part 121
Navigation In Use	Other Other
Flight Phase	cruise other
Route In Use	enroute : on vectors
Flight Plan	IFR
Aircraft 2
Operator	general aviation : personal
Make Model Name	Bonanza 36
Operating Under FAR Part	Part 91
Flight Phase	climbout : intermediate altitude cruise other
Flight Plan	VFR
Person 1
Affiliation	government : faa
Function	controller : approach
Qualification	controller : radar
Experience	controller radar : 15
ASRS Report	350243
Person 2
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Events
Anomaly	altitude deviation : excursion from assigned altitude conflict : airborne less severe non adherence : clearance other anomaly other
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 : 12000 vertical : 1000
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

Air carrier X (B757) was level at 14000 ft and reported an RA on his TCASII. Traffic had been issued, a bonanza (small aircraft Y) that had climbed to 13500 ft to stay VFR. Air carrier X TCASII indicated the traffic at 14000 ft and he climbed to 14500 ft. Supplemental information from acn 350255: I advised mco approach that I required a climb from 12500 ft to 14500 ft. She replied (the controller) to maintain 12500 ft. I replied, 'unable to maintain VFR at 12500 ft.' she replied, 'unable 14500 ft due to traffic, climb and maintain 13000 ft.' I replied and climbed to 13000 ft. At 13000 ft, I advised 'unable VFR at 13000 ft, IFR equipped and qualified.' she replied, 'maintain VFR, climb and maintain 13500 ft.' I complied and climbed to 13500 ft. In between 13000 ft and 13500 ft I overheard the B757 captain state that he had a 'TCASII and an RA' which required he climb immediately to 15000 ft and that he had not seen the 'bonanza.' 2 or 3 mi ahead at 1 O'clock, I saw a large jet in a climb and reported the 'target in sight.' the B757 captain bickered with the controller about the RA deviation and asked for the bonanza tail number. Because I was concerned about wake turbulence avoidance I asked the controller, 'what type jet was it that had gone by.' the B757 captain also asserted that his computer 'put the bonanza at 14000 ft' I do not believe there was an near midair collision or violation of controller instructions. I believe the B757 captain was upset because he had to deviate from his assigned altitude because of his TCASII RA. I do not believe he ever saw the bonanza.

Original NASA ASRS Text

Title: APCH CTLR GAVE AN ACR B757 AT 14000 FT A TA ON A BE36 VFR AND CLBING TO 13500 FT. THE B757 SAID HE HAD A TCASII RA AND WAS RESPONDING BY CLBING TO 14500 FT. B757 WAS UPSET WITH BOTH THE APCH CTLR AND THE BE36 AND ALLEGED AN NMAC. BE36 PLT SAID ACFT WERE NO CLOSER THAN 2-3 MI AND HE NEVER EXCEEDED 13500 FT.

Narrative: ACR X (B757) WAS LEVEL AT 14000 FT AND RPTED AN RA ON HIS TCASII. TFC HAD BEEN ISSUED, A BONANZA (SMA Y) THAT HAD CLBED TO 13500 FT TO STAY VFR. ACR X TCASII INDICATED THE TFC AT 14000 FT AND HE CLBED TO 14500 FT. SUPPLEMENTAL INFO FROM ACN 350255: I ADVISED MCO APCH THAT I REQUIRED A CLB FROM 12500 FT TO 14500 FT. SHE REPLIED (THE CTLR) TO MAINTAIN 12500 FT. I REPLIED, 'UNABLE TO MAINTAIN VFR AT 12500 FT.' SHE REPLIED, 'UNABLE 14500 FT DUE TO TFC, CLB AND MAINTAIN 13000 FT.' I REPLIED AND CLBED TO 13000 FT. AT 13000 FT, I ADVISED 'UNABLE VFR AT 13000 FT, IFR EQUIPPED AND QUALIFIED.' SHE REPLIED, 'MAINTAIN VFR, CLB AND MAINTAIN 13500 FT.' I COMPLIED AND CLBED TO 13500 FT. IN BTWN 13000 FT AND 13500 FT I OVERHEARD THE B757 CAPT STATE THAT HE HAD A 'TCASII AND AN RA' WHICH REQUIRED HE CLB IMMEDIATELY TO 15000 FT AND THAT HE HAD NOT SEEN THE 'BONANZA.' 2 OR 3 MI AHEAD AT 1 O'CLOCK, I SAW A LARGE JET IN A CLB AND RPTED THE 'TARGET IN SIGHT.' THE B757 CAPT BICKERED WITH THE CTLR ABOUT THE RA DEV AND ASKED FOR THE BONANZA TAIL NUMBER. BECAUSE I WAS CONCERNED ABOUT WAKE TURB AVOIDANCE I ASKED THE CTLR, 'WHAT TYPE JET WAS IT THAT HAD GONE BY.' THE B757 CAPT ALSO ASSERTED THAT HIS COMPUTER 'PUT THE BONANZA AT 14000 FT' I DO NOT BELIEVE THERE WAS AN NMAC OR VIOLATION OF CTLR INSTRUCTIONS. I BELIEVE THE B757 CAPT WAS UPSET BECAUSE HE HAD TO DEVIATE FROM HIS ASSIGNED ALT BECAUSE OF HIS TCASII RA. I DO NOT BELIEVE HE EVER SAW THE BONANZA.

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.