Carj experienced near midair collision at 17000 ft with B757 climbing in ZNY airspace.

Attributes
ACN	598079
Time
Date	200310
Day	Fri
Local Time Of Day	0601 To 1200
Place
Locale Reference	navaid : bwz.vor
State Reference	NJ
Altitude	msl single value : 17000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zny.artcc
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	cruise : level
Route In Use	enroute : direct
Flight Plan	IFR
Aircraft 2
Controlling Facilities	artcc : zny.artcc
Operator	common carrier : air carrier
Make Model Name	B757 Undifferentiated or Other Model
Operating Under FAR Part	Part 121
Navigation In Use	other
Flight Phase	climbout : intermediate altitude climbout : vacating altitude
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : multi engine pilot : cfi pilot : atp
Experience	flight time last 90 days : 250
ASRS Report	598079
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Events
Anomaly	altitude deviation : overshoot altitude deviation : excursion from assigned altitude conflict : nmac non adherence : required legal separation non adherence : clearance
Independent Detector	aircraft equipment : tcas other flight crewa other flight crewb
Resolutory Action	flight crew : took evasive action other
Consequence	faa : reviewed incident with flight crew
Miss Distance	horizontal : 0 vertical : 500
Supplementary
Problem Areas	Flight Crew Human Performance ATC Human Performance
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

Aircraft X was level at 17000 ft going to parke intersection (departed from lga) while aircraft Y was climbing to 16000 ft. Aircraft Y thought they were cleared to climb to 17000 ft, rather than 16000 ft. The aircraft X crew had aircraft Y in sight, advised ATC. The aircraft X crew got an RA when aircraft Y was 1200 ft below. Thinking that it was due to the rate of climb the aircraft X crew did not take evasive action until the aircraft Y plane was 500 ft below. Then aircraft X climbed to 17500 ft and advised ATC. ATC inquired aircraft Y about their altitude and told them to maintain 16000 ft. No further incident.

Original NASA ASRS Text

Title: CARJ EXPERIENCED NMAC AT 17000 FT WITH B757 CLBING IN ZNY AIRSPACE.

Narrative: ACFT X WAS LEVEL AT 17000 FT GOING TO PARKE INTXN (DEPARTED FROM LGA) WHILE ACFT Y WAS CLBING TO 16000 FT. ACFT Y THOUGHT THEY WERE CLRED TO CLB TO 17000 FT, RATHER THAN 16000 FT. THE ACFT X CREW HAD ACFT Y IN SIGHT, ADVISED ATC. THE ACFT X CREW GOT AN RA WHEN ACFT Y WAS 1200 FT BELOW. THINKING THAT IT WAS DUE TO THE RATE OF CLB THE ACFT X CREW DID NOT TAKE EVASIVE ACTION UNTIL THE ACFT Y PLANE WAS 500 FT BELOW. THEN ACFT X CLBED TO 17500 FT AND ADVISED ATC. ATC INQUIRED ACFT Y ABOUT THEIR ALT AND TOLD THEM TO MAINTAIN 16000 FT. NO FURTHER INCIDENT.

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.