Amended clearance altitude change and visual climb clearance from ATC establishes a potential conflict less than standard separation. Flight crew deviation non adherence to ATC clearance instruction.

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Attributes
ACN	352876
Time
Date	199611
Day	Sat
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : zdc
State Reference	DC
Altitude	msl bound lower : 17000 msl bound upper : 17000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zdc
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	climbout : intermediate altitude
Route In Use	approach : visual
Flight Plan	IFR
Aircraft 2
Operator	common carrier : air carrier
Make Model Name	L-1011 Tri-Star All Series
Operating Under FAR Part	Part 121
Navigation In Use	Other
Flight Phase	cruise other
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : instrument pilot : commercial pilot : atp pilot : cfi
Experience	flight time last 90 days : 75 flight time total : 8500 flight time type : 1200
ASRS Report	352876
Person 2
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Events
Anomaly	conflict : airborne less severe non adherence : required legal separation non adherence : clearance other anomaly other
Independent Detector	other flight crewa
Resolutory Action	none taken : anomaly accepted
Consequence	Other
Miss Distance	horizontal : 6000 vertical : 0
Supplementary
Primary Problem	ATC Human Performance
Air Traffic Incident	Pilot Deviation Operational Error

Narrative:

After departure from phl en route to ngu, we were on climb out when ATC gave us traffic at 1 O'clock and higher. We saw the traffic and called it in sight. ATC told us to maintain a visual and climb to 17000 ft. We agreed and continued our climb. I thought I had heard that aircraft cleared to descend. If that was the case they were still level at 17000 ft when we passed. We came about 1 mi of each other with the other aircraft complaining. We had a TCASII RA but took no action with that aircraft in sight. This was a bad situation and I will not let it happen again. I will not let ATC put the separation burden on me unless I know exactly what the other aircraft is doing. On the other hand, I have never had ATC put me in this situation where both aircraft are cleared to the same altitude, on a converging course. Usually you are climbing or descending through each other's altitude. I hope this was a mistake by the controller and not an allowed technique to expedite traffic.

Original NASA ASRS Text

Title: AMENDED CLRNC ALT CHANGE AND VISUAL CLB CLRNC FROM ATC ESTABLISHES A POTENTIAL CONFLICT LTSS. FLC DEV NON ADHERENCE TO ATC CLRNC INSTRUCTION.

Narrative: AFTER DEP FROM PHL ENRTE TO NGU, WE WERE ON CLBOUT WHEN ATC GAVE US TFC AT 1 O'CLOCK AND HIGHER. WE SAW THE TFC AND CALLED IT IN SIGHT. ATC TOLD US TO MAINTAIN A VISUAL AND CLB TO 17000 FT. WE AGREED AND CONTINUED OUR CLB. I THOUGHT I HAD HEARD THAT ACFT CLRED TO DSND. IF THAT WAS THE CASE THEY WERE STILL LEVEL AT 17000 FT WHEN WE PASSED. WE CAME ABOUT 1 MI OF EACH OTHER WITH THE OTHER ACFT COMPLAINING. WE HAD A TCASII RA BUT TOOK NO ACTION WITH THAT ACFT IN SIGHT. THIS WAS A BAD SIT AND I WILL NOT LET IT HAPPEN AGAIN. I WILL NOT LET ATC PUT THE SEPARATION BURDEN ON ME UNLESS I KNOW EXACTLY WHAT THE OTHER ACFT IS DOING. ON THE OTHER HAND, I HAVE NEVER HAD ATC PUT ME IN THIS SIT WHERE BOTH ACFT ARE CLRED TO THE SAME ALT, ON A CONVERGING COURSE. USUALLY YOU ARE CLBING OR DSNDING THROUGH EACH OTHER'S ALT. I HOPE THIS WAS A MISTAKE BY THE CTLR AND NOT AN ALLOWED TECHNIQUE TO EXPEDITE TFC.

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.