Narrative:

I was PIC and giving IOE to a new first officer. He was the PF. We had been given climb to 3000 ft and runway heading on initial clearance. The departure controller issued a turn to the left of 160 degrees (to 290 degrees magnetic) to intercept the departure radial and climb to 7000 ft. I acknowledged both and reset the altitude reminder. The first officer acknowledged the changes verbally and pointed to the altitude reminder (company policy). Passing 5000 ft, I noticed traffic ahead at 7000 ft on the TCASII with a 'monitor climb' announcement. Then at 5600 ft, the target turned red and the RA went to decrease climb with a very small green arc on the ivsi. I enunciated this and pushed the yoke to the green arc on the ivsi. The controller asked our altitude and I responded that we were leveling at 5600 ft and responding to an RA TCASII warning. He said to maintain 5000 ft and we returned to 5000 ft. I asked what caused the problem and he said we had only been cleared to 5000 ft, not 7000 ft. I said we had heard and read back 7000 ft. 'We'll have to play the tapes,' he said. 10 mins later we were instructed to call him back and we did. He said the tapes had been played and we 'had' been cleared to 7000 ft and the mistake was his, not ours. It seems the latest court rulings against pilots in 'readback/hearback' cases have allowed controllers to ignore all our readbacks. This responsibility should be shared between controllers and pilots. The other aircraft was a B737.

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Original NASA ASRS Text

Title: B767 FLC INITIATE EVASIVE TCASII MANEUVER DUE TO OPPOSITE DIRECTION TFC. CLRNC DISPUTED BY ATC. AFTER REVIEW, ATC ACKNOWLEDGED CLRNC INCORRECTLY ASSIGNED WRONG ALT.

Narrative: I WAS PIC AND GIVING IOE TO A NEW FO. HE WAS THE PF. WE HAD BEEN GIVEN CLB TO 3000 FT AND RWY HDG ON INITIAL CLRNC. THE DEP CTLR ISSUED A TURN TO THE L OF 160 DEGS (TO 290 DEGS MAGNETIC) TO INTERCEPT THE DEP RADIAL AND CLB TO 7000 FT. I ACKNOWLEDGED BOTH AND RESET THE ALT REMINDER. THE FO ACKNOWLEDGED THE CHANGES VERBALLY AND POINTED TO THE ALT REMINDER (COMPANY POLICY). PASSING 5000 FT, I NOTICED TFC AHEAD AT 7000 FT ON THE TCASII WITH A 'MONITOR CLB' ANNOUNCEMENT. THEN AT 5600 FT, THE TARGET TURNED RED AND THE RA WENT TO DECREASE CLB WITH A VERY SMALL GREEN ARC ON THE IVSI. I ENUNCIATED THIS AND PUSHED THE YOKE TO THE GREEN ARC ON THE IVSI. THE CTLR ASKED OUR ALT AND I RESPONDED THAT WE WERE LEVELING AT 5600 FT AND RESPONDING TO AN RA TCASII WARNING. HE SAID TO MAINTAIN 5000 FT AND WE RETURNED TO 5000 FT. I ASKED WHAT CAUSED THE PROB AND HE SAID WE HAD ONLY BEEN CLRED TO 5000 FT, NOT 7000 FT. I SAID WE HAD HEARD AND READ BACK 7000 FT. 'WE'LL HAVE TO PLAY THE TAPES,' HE SAID. 10 MINS LATER WE WERE INSTRUCTED TO CALL HIM BACK AND WE DID. HE SAID THE TAPES HAD BEEN PLAYED AND WE 'HAD' BEEN CLRED TO 7000 FT AND THE MISTAKE WAS HIS, NOT OURS. IT SEEMS THE LATEST COURT RULINGS AGAINST PLTS IN 'READBACK/HEARBACK' CASES HAVE ALLOWED CTLRS TO IGNORE ALL OUR READBACKS. THIS RESPONSIBILITY SHOULD BE SHARED BTWN CTLRS AND PLTS. THE OTHER ACFT WAS A B737.

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.