A cpr BE02 cleared for VOR approach to mhr to maintain 3000 ft, aircraft descended without clearance and had an near midair collision with an IFR aircraft off sac. Approach controller turned both aircraft to keep separation, but not in time to prevent the near midair collision.

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Attributes
ACN	391214
Time
Date	199801
Day	Thu
Local Time Of Day	0601 To 1200
Place
Locale Reference	atc facility : sac airport : mhr
State Reference	CA
Altitude	msl bound lower : 2500 msl bound upper : 3000
Environment
Flight Conditions	IMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : mcc
Operator	general aviation : corporate
Make Model Name	Beech 1900
Operating Under FAR Part	Part 91
Navigation In Use	Other
Flight Phase	descent : approach descent other
Route In Use	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	climbout : intermediate altitude
Route In Use	departure other
Flight Plan	IFR
Person 1
Affiliation	Other
Function	flight crew : captain oversight : pic
Qualification	pilot : atp pilot : cfi
Experience	flight time last 90 days : 120 flight time total : 5000 flight time type : 500
ASRS Report	391214
Person 2
Affiliation	Other
Function	flight crew : first officer observation : company check pilot
Qualification	pilot : atp pilot : commercial pilot : instrument
Events
Anomaly	conflict : nmac non adherence : clearance non adherence : required legal separation
Independent Detector	other controllera
Resolutory Action	controller : issued new clearance other
Consequence	Other
Miss Distance	vertical : 500
Supplementary
Primary Problem	Flight Crew Human Performance

Narrative:

On jan/thu/98, at approximately XA30 hours local I was doing a recurrence flight with my chief pilot who was acting as my first officer and check pilot. We were in IMC and had just performed a procedure turn at 3000 ft for the VOR approach to the sacramento mather airport. At this time the approach controller cleared us for the approach. As I started the descent, shortly thereafter and nearing 2500 ft, the controller told us to climb to 3000 ft and turn left 90 degrees. He also told another aircraft to descend and turn 90 degrees left. We were IMC. However, we knew that we had just experienced a near miss. After we had landed the controller asked us to call him. He explained that we had indeed had a near miss with an aircraft climbing out of sacramento executive airport. He told us that we had been cleared for the VOR approach, maintain 3000 ft. We were apparently not to descend as per the approach plate even though we had been cleared for the approach. Both my chief pilot and myself had failed to hear 'maintain 3000 ft.' it may be that the controller instructions included the 'maintain 3000 ft,' however, to include an altitude restr with 'clear for the approach' sets up a scenario for missed or misunderstood instructions such as what happened. One thing is for certain, I will insure that there are no verbal altitude restrs in the 'cleared for the approach' instructions in the future.

Original NASA ASRS Text

Title: A CPR BE02 CLRED FOR VOR APCH TO MHR TO MAINTAIN 3000 FT, ACFT DSNDED WITHOUT CLRNC AND HAD AN NMAC WITH AN IFR ACFT OFF SAC. APCH CTLR TURNED BOTH ACFT TO KEEP SEPARATION, BUT NOT IN TIME TO PREVENT THE NMAC.

Narrative: ON JAN/THU/98, AT APPROX XA30 HRS LCL I WAS DOING A RECURRENCE FLT WITH MY CHIEF PLT WHO WAS ACTING AS MY FO AND CHK PLT. WE WERE IN IMC AND HAD JUST PERFORMED A PROC TURN AT 3000 FT FOR THE VOR APCH TO THE SACRAMENTO MATHER ARPT. AT THIS TIME THE APCH CTLR CLRED US FOR THE APCH. AS I STARTED THE DSCNT, SHORTLY THEREAFTER AND NEARING 2500 FT, THE CTLR TOLD US TO CLB TO 3000 FT AND TURN L 90 DEGS. HE ALSO TOLD ANOTHER ACFT TO DSND AND TURN 90 DEGS L. WE WERE IMC. HOWEVER, WE KNEW THAT WE HAD JUST EXPERIENCED A NEAR MISS. AFTER WE HAD LANDED THE CTLR ASKED US TO CALL HIM. HE EXPLAINED THAT WE HAD INDEED HAD A NEAR MISS WITH AN ACFT CLBING OUT OF SACRAMENTO EXECUTIVE ARPT. HE TOLD US THAT WE HAD BEEN CLRED FOR THE VOR APCH, MAINTAIN 3000 FT. WE WERE APPARENTLY NOT TO DSND AS PER THE APCH PLATE EVEN THOUGH WE HAD BEEN CLRED FOR THE APCH. BOTH MY CHIEF PLT AND MYSELF HAD FAILED TO HEAR 'MAINTAIN 3000 FT.' IT MAY BE THAT THE CTLR INSTRUCTIONS INCLUDED THE 'MAINTAIN 3000 FT,' HOWEVER, TO INCLUDE AN ALT RESTR WITH 'CLR FOR THE APCH' SETS UP A SCENARIO FOR MISSED OR MISUNDERSTOOD INSTRUCTIONS SUCH AS WHAT HAPPENED. ONE THING IS FOR CERTAIN, I WILL INSURE THAT THERE ARE NO VERBAL ALT RESTRS IN THE 'CLRED FOR THE APCH' INSTRUCTIONS IN THE FUTURE.

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.