B727-200 crew and DC9 crew had less than legal spacing in svzm class C.

Attributes
ACN	523409
Time
Date	200108
Day	Tue
Local Time Of Day	1201 To 1800
Place
Locale Reference	navaid : miq.vortac
State Reference	FO
Altitude	msl single value : 4000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : svmi.tracon artcc : zzz.artcc
Operator	common carrier : air carrier
Make Model Name	B727-200
Operating Under FAR Part	Part 121
Navigation In Use	other vortac
Flight Phase	climbout : intermediate altitude
Route In Use	departure sid : mares
Flight Plan	IFR
Aircraft 2
Controlling Facilities	tracon : svmi.tracon
Operator	common carrier : air carrier
Make Model Name	DC-9 Undifferentiated or Other Model
Operating Under FAR Part	Part 121
Flight Phase	descent : intermediate altitude
Route In Use	arrival : on vectors
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : first officer
ASRS Report	523409
Person 2
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Events
Anomaly	non adherence : published procedure non adherence : required legal separation other anomaly other
Independent Detector	aircraft equipment : tcas other flight crewa other flight crewb
Resolutory Action	none taken : insufficient time other
Consequence	other
Supplementary
Problem Areas	Airspace Structure ATC Human Performance
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Error

Narrative:

On mares departure, level at 4000 ft as assigned. Inbound DC9 at 5000 ft on arc or vectors for runway 09 at ccs. Just as inbound DC9 was at our 1:30 O'clock moving right to left, controller issued us a climb to FL280 and I think issued the DC9 a descent to 3000 ft in spanish. I told departure negative on our climb and we were maintaining 4000 ft. Conflicting aircraft was on TCAS and in sight, as VFR existed. TCAS issued descend advisory and we easily avoided the DC9. However, if IMC and no TCAS the maq departure controller, had us set up for an almost certain midair. I told the controller we were close to the DC9 but don't think she had a clue.

Original NASA ASRS Text

Title: B727-200 CREW AND DC9 CREW HAD LESS THAN LEGAL SPACING IN SVZM CLASS C.

Narrative: ON MARES DEP, LEVEL AT 4000 FT AS ASSIGNED. INBOUND DC9 AT 5000 FT ON ARC OR VECTORS FOR RWY 09 AT CCS. JUST AS INBOUND DC9 WAS AT OUR 1:30 O'CLOCK MOVING RIGHT TO LEFT, CTLR ISSUED US A CLIMB TO FL280 AND I THINK ISSUED THE DC9 A DESCENT TO 3000 FT IN SPANISH. I TOLD DEP NEGATIVE ON OUR CLIMB AND WE WERE MAINTAINING 4000 FT. CONFLICTING ACFT WAS ON TCAS AND IN SIGHT, AS VFR EXISTED. TCAS ISSUED DESCEND ADVISORY AND WE EASILY AVOIDED THE DC9. HOWEVER, IF IMC AND NO TCAS THE MAQ DEP CTLR, HAD US SET UP FOR AN ALMOST CERTAIN MIDAIR. I TOLD THE CTLR WE WERE CLOSE TO THE DC9 BUT DON'T THINK SHE HAD A CLUE.

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.