Tys radar controller climbed traffic to avoid a BE55 climbing NORDO to final altitude.

Attributes
ACN	547947
Time
Date	200205
Day	Sun
Local Time Of Day	1801 To 2400
Place
Locale Reference	airport : gkt.airport
State Reference	TN
Altitude	msl bound lower : 5000 msl bound upper : 9000
Environment
Flight Conditions	VMC
Light	Dusk
Aircraft 1
Controlling Facilities	tracon : tys.tracon tower : apa.tower
Operator	general aviation : personal
Make Model Name	Baron 55/Cochise
Operating Under FAR Part	Part 91
Flight Phase	climbout : intermediate altitude
Flight Plan	IFR
Aircraft 2
Controlling Facilities	tracon : tys.tracon
Operator	general aviation : personal
Make Model Name	M-20 G Statesman
Operating Under FAR Part	Part 91
Flight Phase	cruise : level
Person 1
Affiliation	government : faa
Function	controller : approach
Qualification	controller : radar
Experience	controller limited radar : 1 controller military : 4 controller radar : 23 controller time certified in position1 : 18 flight time total : 0
ASRS Report	547947
Person 2
Affiliation	other
Function	flight crew : single pilot
Events
Anomaly	altitude deviation : excursion from assigned altitude conflict : airborne less severe non adherence : published procedure non adherence : clearance non adherence : required legal separation
Independent Detector	atc equipment other atc equipment : radar other controllera
Resolutory Action	controller : separated traffic controller : issued advisory controller : issued new clearance
Supplementary
Problem Areas	Flight Crew Human Performance
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

The BE55 was cleared off a satellite airport with a restr altitude of 5000 ft, expecting 9000 ft within 10 mins. The aircraft was to report airborne for further ATC instructions. I observed the aircraft depart and acquire a full ARTS data block. The aircraft didn't call and I attempted to contact it by various means as the mode C indicated it climbing above 5000 ft. Since I couldn't establish radio communications with it, I climbed the mooney at 9000 ft to 10000 ft, assuming that the BE55 was climbing to 9000 ft (its requested altitude). At about 7800 ft and climbing, the BE55 finally called. I informed him of the need to remain at 5000 ft and to contact me after departing. A few mins later, the BE55 and the mooney passed about 2 mi from each other. At that point, I was able to explain to the BE55 that this conflicting traffic had been at 9000 ft, the altitude he climbed to without authority/authorized. I had specified the altitudes to the BE55 twice before he departed. Therefore, I have to conclude the pilot just wasn't paying attention as should be done.

Original NASA ASRS Text

Title: TYS RADAR CTLR CLBED TFC TO AVOID A BE55 CLBING NORDO TO FINAL ALT.

Narrative: THE BE55 WAS CLRED OFF A SATELLITE ARPT WITH A RESTR ALT OF 5000 FT, EXPECTING 9000 FT WITHIN 10 MINS. THE ACFT WAS TO RPT AIRBORNE FOR FURTHER ATC INSTRUCTIONS. I OBSERVED THE ACFT DEPART AND ACQUIRE A FULL ARTS DATA BLOCK. THE ACFT DIDN'T CALL AND I ATTEMPTED TO CONTACT IT BY VARIOUS MEANS AS THE MODE C INDICATED IT CLBING ABOVE 5000 FT. SINCE I COULDN'T ESTABLISH RADIO COMS WITH IT, I CLBED THE MOONEY AT 9000 FT TO 10000 FT, ASSUMING THAT THE BE55 WAS CLBING TO 9000 FT (ITS REQUESTED ALT). AT ABOUT 7800 FT AND CLBING, THE BE55 FINALLY CALLED. I INFORMED HIM OF THE NEED TO REMAIN AT 5000 FT AND TO CONTACT ME AFTER DEPARTING. A FEW MINS LATER, THE BE55 AND THE MOONEY PASSED ABOUT 2 MI FROM EACH OTHER. AT THAT POINT, I WAS ABLE TO EXPLAIN TO THE BE55 THAT THIS CONFLICTING TFC HAD BEEN AT 9000 FT, THE ALT HE CLBED TO WITHOUT AUTH. I HAD SPECIFIED THE ALTS TO THE BE55 TWICE BEFORE HE DEPARTED. THEREFORE, I HAVE TO CONCLUDE THE PLT JUST WASN'T PAYING ATTN AS SHOULD BE DONE.

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.