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CL65 crew and a cessna had less than legal separation on climb out from mco after the ATCT local controller did not issue an altitude restr.
| Attributes | |
| ACN | 531506 |
| Time | |
| Date | 200111 |
| Day | Sat |
| Local Time Of Day | 0601 To 1200 |
| Place | |
| Locale Reference | navaid : orl.vortac |
| State Reference | FL |
| Altitude | msl single value : 3500 |
| Environment | |
| Flight Conditions | VMC |
| Light | Daylight |
| Aircraft 1 | |
| Controlling Facilities | tower : mco.tower |
| Operator | common carrier : air carrier |
| Make Model Name | Regional Jet CL65, Undifferentiated or Other Model |
| Operating Under FAR Part | Part 121 |
| Navigation In Use | other |
| Flight Phase | climbout : intermediate altitude |
| Route In Use | departure sid : orlando seven |
| Flight Plan | IFR |
| Aircraft 2 | |
| Controlling Facilities | tracon : mco.tracon |
| Operator | general aviation : personal |
| Make Model Name | Cessna Aircraft Undifferentiated or Other Model |
| Operating Under FAR Part | Part 91 |
| Flight Phase | cruise : level |
| Person 1 | |
| Affiliation | company : air carrier |
| Function | flight crew : captain oversight : pic |
| Qualification | pilot : atp |
| Experience | flight time last 90 days : 200 flight time total : 10600 flight time type : 1700 |
| ASRS Report | 531506 |
| Person 2 | |
| Affiliation | company : air carrier |
| Function | flight crew : first officer |
| Events | |
| Anomaly | conflict : airborne critical non adherence : far non adherence : required legal separation non adherence : published procedure other anomaly other |
| Independent Detector | aircraft equipment : tcas other flight crewa other flight crewb |
| Resolutory Action | controller : separated traffic controller : issued new clearance flight crew : took evasive action none taken : detected after the fact other |
| Consequence | faa : reviewed incident with flight crew |
| Miss Distance | horizontal : 3000 vertical : 200 |
| Supplementary | |
| Problem Areas | ATC Human Performance Flight Crew Human Performance |
| Primary Problem | ATC Human Performance |
| Air Traffic Incident | Operational Error |
Narrative:
Air carrier abcd YYY-ZZZ. The tower controller cleared me into position on runway 35 saying he may need to move me off the runway. He then stated 'air carrier clearance delivery, left turn next intersection, stand by.' the first officer read back 'next left and stand by.' tower 'I can let you go now, air carrier clearance delivery cleared for takeoff runway heading.' (the orl 7 departure dictates 5000 ft as an initial altitude -- no other clearance or altitude was given to us.) out of 3300 ft I got an RA from TCASII. At the same time, departure said 'air carrier clearance delivery, maintain 3000 ft.' I pulled the thrust off, pushed the nose down and getting a visual on the VFR 3500 ft cessna, turned left to avoid hitting the traffic. The cessna was moving left to right at 3500 ft. Immediate and decisive action was necessary to avoid the cessna. The departure controller said that tower was supposed to issue me 3000 ft with the takeoff clearance. I was given a phone number to call once on the ground in ZZZ. The watch supervisor apologized for the situation/incident and confirmed the tower controller was distraction and didn't issue the 3000 ft clearance. I accepted his apology and stated 'I have a lot of respect for the job ATC does and am not interested in getting anyone in trouble. Between departure, TCASII, and my visual contact everyone is safe.' he thanked me and we ended the conversation. Note: TCASII RA told me to climb, but I already had the thrust to idle and pushed the nose down because departure told me to maintain 3000 ft, plus I got a visual on the traffic to descend (continue the descent and make a hard left turn was the safest course of action).
Original NASA ASRS Text
Title: CL65 CREW AND A CESSNA HAD LESS THAN LEGAL SEPARATION ON CLBOUT FROM MCO AFTER THE ATCT LCL CTLR DID NOT ISSUE AN ALT RESTR.
Narrative: ACR ABCD YYY-ZZZ. THE TWR CTLR CLRED ME INTO POS ON RWY 35 SAYING HE MAY NEED TO MOVE ME OFF THE RWY. HE THEN STATED 'ACR CD, L TURN NEXT INTXN, STAND BY.' THE FO READ BACK 'NEXT L AND STAND BY.' TWR 'I CAN LET YOU GO NOW, ACR CD CLRED FOR TKOF RWY HDG.' (THE ORL 7 DEP DICTATES 5000 FT AS AN INITIAL ALT -- NO OTHER CLRNC OR ALT WAS GIVEN TO US.) OUT OF 3300 FT I GOT AN RA FROM TCASII. AT THE SAME TIME, DEP SAID 'ACR CD, MAINTAIN 3000 FT.' I PULLED THE THRUST OFF, PUSHED THE NOSE DOWN AND GETTING A VISUAL ON THE VFR 3500 FT CESSNA, TURNED L TO AVOID HITTING THE TFC. THE CESSNA WAS MOVING L TO R AT 3500 FT. IMMEDIATE AND DECISIVE ACTION WAS NECESSARY TO AVOID THE CESSNA. THE DEP CTLR SAID THAT TWR WAS SUPPOSED TO ISSUE ME 3000 FT WITH THE TKOF CLRNC. I WAS GIVEN A PHONE NUMBER TO CALL ONCE ON THE GND IN ZZZ. THE WATCH SUPVR APOLOGIZED FOR THE SIT/INCIDENT AND CONFIRMED THE TWR CTLR WAS DISTR AND DIDN'T ISSUE THE 3000 FT CLRNC. I ACCEPTED HIS APOLOGY AND STATED 'I HAVE A LOT OF RESPECT FOR THE JOB ATC DOES AND AM NOT INTERESTED IN GETTING ANYONE IN TROUBLE. BTWN DEP, TCASII, AND MY VISUAL CONTACT EVERYONE IS SAFE.' HE THANKED ME AND WE ENDED THE CONVERSATION. NOTE: TCASII RA TOLD ME TO CLB, BUT I ALREADY HAD THE THRUST TO IDLE AND PUSHED THE NOSE DOWN BECAUSE DEP TOLD ME TO MAINTAIN 3000 FT, PLUS I GOT A VISUAL ON THE TFC TO DSND (CONTINUE THE DSCNT AND MAKE A HARD L TURN WAS THE SAFEST COURSE OF 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.