Reported near midair collision between an air carrier MD80 and a climbing jump aircraft who was told by the center controller not to climb. Air carrier climbed and passed over the cessna after responding to a TCASII RA.

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Attributes
ACN	386222
Time
Date	199711
Day	Mon
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : byp
State Reference	TX
Altitude	msl bound lower : 11000 msl bound upper : 11000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zfw
Operator	common carrier : air carrier
Make Model Name	MD-80 Super 80
Operating Under FAR Part	Part 121
Navigation In Use	Other Other
Flight Phase	climbout : intermediate altitude cruise other
Route In Use	arrival other enroute : on vectors
Flight Plan	IFR
Aircraft 2
Make Model Name	Cessna Aircraft Undifferentiated or Other Model
Operating Under FAR Part	Part 91
Flight Phase	climbout : intermediate altitude cruise other
Route In Use	approach : visual
Flight Plan	VFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
ASRS Report	386222
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : instrument pilot : commercial
Events
Anomaly	conflict : nmac other anomaly other
Independent Detector	aircraft equipment other aircraft equipment : unspecified other controllera other flight crewa
Resolutory Action	flight crew : took evasive action
Consequence	Other
Miss Distance	horizontal : 0
Supplementary
Primary Problem	Flight Crew Human Performance

Narrative:

Crossing the byp VOR and turning to the outbound radial, controller gave us an additional 10 degrees left for traffic. When we rolled out at 11000 ft, a 210 degree heading at karla intersection, TCASII announced monitor vertical speed and a target popped up at 12 O'clock and 5 mi, 500 ft below us. Target was a cessna jump plane turning towards us in a l-hand turn being worked by ZFW. Jump plane called and said he would climb and the controller responded with a don't climb. TCASII gave us an RA with traffic 2 mi at 12 O'clock, 400 ft below and climbing. First officer, flying, pulled up in a gentle climb and I advised ATC we were responding to an RA. Controller said that traffic was no longer a factor. We had visual contact on the cessna and flew directly over him. Had we not climbed, we would have passed within 300-400 ft above him. Why does the FAA allow jump activity directly on an arrival within 500 ft of same? Why, if the controller is working the traffic, does he allow them to operate in this airspace? This is an accident waiting to happen.

Original NASA ASRS Text

Title: RPTED NMAC BTWN AN ACR MD80 AND A CLBING JUMP ACFT WHO WAS TOLD BY THE CTR CTLR NOT TO CLB. ACR CLBED AND PASSED OVER THE CESSNA AFTER RESPONDING TO A TCASII RA.

Narrative: XING THE BYP VOR AND TURNING TO THE OUTBOUND RADIAL, CTLR GAVE US AN ADDITIONAL 10 DEGS L FOR TFC. WHEN WE ROLLED OUT AT 11000 FT, A 210 DEG HDG AT KARLA INTXN, TCASII ANNOUNCED MONITOR VERT SPD AND A TARGET POPPED UP AT 12 O'CLOCK AND 5 MI, 500 FT BELOW US. TARGET WAS A CESSNA JUMP PLANE TURNING TOWARDS US IN A L-HAND TURN BEING WORKED BY ZFW. JUMP PLANE CALLED AND SAID HE WOULD CLB AND THE CTLR RESPONDED WITH A DON'T CLB. TCASII GAVE US AN RA WITH TFC 2 MI AT 12 O'CLOCK, 400 FT BELOW AND CLBING. FO, FLYING, PULLED UP IN A GENTLE CLB AND I ADVISED ATC WE WERE RESPONDING TO AN RA. CTLR SAID THAT TFC WAS NO LONGER A FACTOR. WE HAD VISUAL CONTACT ON THE CESSNA AND FLEW DIRECTLY OVER HIM. HAD WE NOT CLBED, WE WOULD HAVE PASSED WITHIN 300-400 FT ABOVE HIM. WHY DOES THE FAA ALLOW JUMP ACTIVITY DIRECTLY ON AN ARR WITHIN 500 FT OF SAME? WHY, IF THE CTLR IS WORKING THE TFC, DOES HE ALLOW THEM TO OPERATE IN THIS AIRSPACE? THIS IS AN ACCIDENT WAITING TO HAPPEN.

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.