Narrative:

En route to mvy from abe, level at 17500 ft in VFR conditions and under ATC flight following. As we neared the newark, nj, area, captain noticed the air carrier aircraft at the 10 O'clock position nearing our proximity. At this time we had not received any TA of any kind, and the captain was preparing to take some evasive action. It was at this time that we observed the DC9/MD80 in a rather steep, climbing turn. ATC then told us that the aircraft had to respond to an RA, thereby having to bust their assigned altitude. Although VFR advisories are provided on a workload permitting basis, it is understood by this reporter that ATC cannot do everything all of the time. As the situation unfolded, it has showed that the TCASII system of the DC9/MD80 had done its job by providing an RA to the crew. At the same time, visual observance by the pilot flying out aircraft was also efficient, such that the DC9/MD80 sighting became a concern prior to him taking evasive action.

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Original NASA ASRS Text

Title: FLC OF A LEARJET VFR AT 17500 FT CRUISING ALT OBSERVED AN MD80 MAKING A STEEP CLBING TURN FOR EVASIVE ACTION. ATC ADVISED THAT THE MD80 WAS RESPONDING TO A TCASII RA.

Narrative: ENRTE TO MVY FROM ABE, LEVEL AT 17500 FT IN VFR CONDITIONS AND UNDER ATC FLT FOLLOWING. AS WE NEARED THE NEWARK, NJ, AREA, CAPT NOTICED THE ACR ACFT AT THE 10 O'CLOCK POS NEARING OUR PROX. AT THIS TIME WE HAD NOT RECEIVED ANY TA OF ANY KIND, AND THE CAPT WAS PREPARING TO TAKE SOME EVASIVE ACTION. IT WAS AT THIS TIME THAT WE OBSERVED THE DC9/MD80 IN A RATHER STEEP, CLBING TURN. ATC THEN TOLD US THAT THE ACFT HAD TO RESPOND TO AN RA, THEREBY HAVING TO BUST THEIR ASSIGNED ALT. ALTHOUGH VFR ADVISORIES ARE PROVIDED ON A WORKLOAD PERMITTING BASIS, IT IS UNDERSTOOD BY THIS RPTR THAT ATC CANNOT DO EVERYTHING ALL OF THE TIME. AS THE SIT UNFOLDED, IT HAS SHOWED THAT THE TCASII SYS OF THE DC9/MD80 HAD DONE ITS JOB BY PROVIDING AN RA TO THE CREW. AT THE SAME TIME, VISUAL OBSERVANCE BY THE PLT FLYING OUT ACFT WAS ALSO EFFICIENT, SUCH THAT THE DC9/MD80 SIGHTING BECAME A CONCERN PRIOR TO HIM TAKING EVASIVE ACTION.

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.