Near midair collision between a B737 on departure climbing to 12000 ft MSL and a learjet 35 descending to the same altitude by mistake. The B737 flight crew took evasive action in response to TCAS RA and subsequent sighting of the lear.

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Attributes
ACN	562040
Time
Date	200210
Day	Fri
Place
Locale Reference	airport : tncc.airport
State Reference	FO
Altitude	msl bound lower : 10500 msl bound upper : 12000
Aircraft 1
Controlling Facilities	tracon : tncm.tracon
Operator	common carrier : air carrier
Make Model Name	B737 Undifferentiated or Other Model
Operating Under FAR Part	Part 121
Flight Phase	climbout : intermediate altitude climbout : vacating altitude
Route In Use	enroute airway : a315.airway
Flight Plan	IFR
Aircraft 2
Operator	general aviation : corporate
Make Model Name	Learjet 35
Operating Under FAR Part	Part 91
Flight Phase	descent : intermediate altitude
Route In Use	enroute airway : a315.airway
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
ASRS Report	562040
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Events
Anomaly	altitude deviation : overshoot conflict : airborne critical conflict : nmac non adherence : clearance non adherence : required legal separation
Independent Detector	aircraft equipment : tcas other flight crewa
Resolutory Action	flight crew : took evasive action
Consequence	faa : reviewed incident with flight crew
Supplementary
Problem Areas	Flight Crew Human Performance
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

We were departure cur and were assigned a climb to FL120. Outbound the pjg VOR, established on A315, we had opposite direction traffic, a learjet 35, callsign 'xyz' who was inbound on A315 cleared to FL130. Less than 10 miles from the traffic, we got a TCAS TA, quickly followed by an RA to descend. Captain took the aircraft from the first officer and began a left descending turn to miss the learjet. The aircraft were close enough that the first officer was able to see the tip tanks of the intruding aircraft and identify it as a lear 35. We had to descend to an altitude of 10500 ft. We quickly made a call to the departure control advising them of our deviation and the reason for it. They in turn queried the lear to its present flight level and it responded '120.' the controller then stated 'xyz' I told you to maintain 130,' to which they responded 'roger 130.' the lear 35 was on an IFR flight plan out of fll.

Original NASA ASRS Text

Title: NMAC BETWEEN A B737 ON DEP CLIMBING TO 12000 FT MSL AND A LEARJET 35 DSNDING TO THE SAME ALT BY MISTAKE. THE B737 FLC TOOK EVASIVE ACTION IN RESPONSE TO TCAS RA AND SUBSEQUENT SIGHTING OF THE LEAR.

Narrative: WE WERE DEP CUR AND WERE ASSIGNED A CLIMB TO FL120. OUTBOUND THE PJG VOR, ESTABLISHED ON A315, WE HAD OPPOSITE DIRECTION TFC, A LEARJET 35, CALLSIGN 'XYZ' WHO WAS INBND ON A315 CLRED TO FL130. LESS THAN 10 MILES FROM THE TFC, WE GOT A TCAS TA, QUICKLY FOLLOWED BY AN RA TO DESCEND. CAPT TOOK THE ACFT FROM THE FO AND BEGAN A L DSNDING TURN TO MISS THE LEARJET. THE ACFT WERE CLOSE ENOUGH THAT THE FO WAS ABLE TO SEE THE TIP TANKS OF THE INTRUDING ACFT AND IDENTIFY IT AS A LEAR 35. WE HAD TO DSND TO AN ALT OF 10500 FT. WE QUICKLY MADE A CALL TO THE DEP CTL ADVISING THEM OF OUR DEV AND THE REASON FOR IT. THEY IN TURN QUERIED THE LEAR TO ITS PRESENT FLT LEVEL AND IT RESPONDED '120.' THE CTLR THEN STATED 'XYZ' I TOLD YOU TO MAINTAIN 130,' TO WHICH THEY RESPONDED 'ROGER 130.' THE LEAR 35 WAS ON AN IFR FLT PLAN OUT OF FLL.

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.