Commuters' TCASII TA and RA prevents a potential conflict from becoming a near midair collision. Reporter unhappy with lack of TA not given. Same altitude opposite direction traffic.

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Attributes
ACN	354962
Time
Date	199612
Day	Sun
Local Time Of Day	0601 To 1200
Place
Locale Reference	airport : rsw
State Reference	FL
Altitude	msl bound lower : 5000 msl bound upper : 5400
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : rsw
Operator	common carrier : air carrier
Make Model Name	Commercial Fixed Wing
Operating Under FAR Part	Part 121
Flight Phase	cruise other
Route In Use	arrival other enroute : on vectors
Flight Plan	IFR
Aircraft 2
Make Model Name	Any Unknown or Unlisted Aircraft Manufacturer
Operating Under FAR Part	other : unknown
Flight Phase	cruise other
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 210 flight time total : 7200 flight time type : 4600
ASRS Report	354962
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : commercial pilot : instrument
Events
Anomaly	altitude deviation : excursion from assigned altitude conflict : airborne less severe non adherence : far non adherence : clearance non adherence : required legal separation other anomaly other
Independent Detector	aircraft equipment other aircraft equipment : unspecified other controllera
Resolutory Action	flight crew : took evasive action other
Consequence	Other
Miss Distance	horizontal : 3000 vertical : 400
Supplementary
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Error Pilot Deviation

Narrative:

We were en route from tpa to mia at 5000 ft. We crossed lee county VOR and were instructed to fly a 140 degree heading to join the cypress arrival to mia. At about 5 DME from rsw I noticed traffic on TCASII at 11:30 O'clock position and 8 mi also at 5000 ft and converging. I asked approach (frequency 119.75) if he had the traffic, long pause, he came back and said to turn left. I told him, 'too late, we were already turning right to 180 degrees.' traffic is now at 2 mi still converging and we received an RA so we started a climb. Traffic passed 1/2 mi from us at 5000 ft and we were at 5400 ft. I asked approach why he didn't notify us of the traffic and he said the aircraft must have been talking to the final controller and then thanked us. Poor excuse. If it wasn't for our TCASII, it would have been very close.

Original NASA ASRS Text

Title: COMMUTERS' TCASII TA AND RA PREVENTS A POTENTIAL CONFLICT FROM BECOMING A NMAC. RPTR UNHAPPY WITH LACK OF TA NOT GIVEN. SAME ALT OPPOSITE DIRECTION TFC.

Narrative: WE WERE ENRTE FROM TPA TO MIA AT 5000 FT. WE CROSSED LEE COUNTY VOR AND WERE INSTRUCTED TO FLY A 140 DEG HDG TO JOIN THE CYPRESS ARR TO MIA. AT ABOUT 5 DME FROM RSW I NOTICED TFC ON TCASII AT 11:30 O'CLOCK POS AND 8 MI ALSO AT 5000 FT AND CONVERGING. I ASKED APCH (FREQ 119.75) IF HE HAD THE TFC, LONG PAUSE, HE CAME BACK AND SAID TO TURN L. I TOLD HIM, 'TOO LATE, WE WERE ALREADY TURNING R TO 180 DEGS.' TFC IS NOW AT 2 MI STILL CONVERGING AND WE RECEIVED AN RA SO WE STARTED A CLB. TFC PASSED 1/2 MI FROM US AT 5000 FT AND WE WERE AT 5400 FT. I ASKED APCH WHY HE DIDN'T NOTIFY US OF THE TFC AND HE SAID THE ACFT MUST HAVE BEEN TALKING TO THE FINAL CTLR AND THEN THANKED US. POOR EXCUSE. IF IT WASN'T FOR OUR TCASII, IT WOULD HAVE BEEN VERY CLOSE.

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.