Narrative:

Learjet pilot sounded foreign, ie, language barrier. He busted his altitude and I feel was not being totally attentive to situation, then became impatient with me by transmitting while I was talking to other pilots. I had to turn the B757 40 degrees and tell him lear had busted altitude. The B757 had previously been told about the lear as traffic stopped below him. Next transmission was to turn B757 in an evasive maneuver to avoid lear who had busted his assigned altitude of 5000 ft. B757 had been assigned 6000 ft. I observed lear climb to 5800 ft then descend back down to 5000 ft. At this point, I had not talked to lear yet because I was busy.

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Original NASA ASRS Text

Title: A ZMA ARTCC RADAR CTLR WORKING ARR RADAR NOTICED A LEARJET CLBING THROUGH HIS ASSIGNED ALT AND IMMEDIATELY TURNED A B757 TO AVOID A SERIOUS CONFLICT.

Narrative: LEARJET PLT SOUNDED FOREIGN, IE, LANGUAGE BARRIER. HE BUSTED HIS ALT AND I FEEL WAS NOT BEING TOTALLY ATTENTIVE TO SIT, THEN BECAME IMPATIENT WITH ME BY XMITTING WHILE I WAS TALKING TO OTHER PLTS. I HAD TO TURN THE B757 40 DEGS AND TELL HIM LEAR HAD BUSTED ALT. THE B757 HAD PREVIOUSLY BEEN TOLD ABOUT THE LEAR AS TFC STOPPED BELOW HIM. NEXT XMISSION WAS TO TURN B757 IN AN EVASIVE MANEUVER TO AVOID LEAR WHO HAD BUSTED HIS ASSIGNED ALT OF 5000 FT. B757 HAD BEEN ASSIGNED 6000 FT. I OBSERVED LEAR CLB TO 5800 FT THEN DSND BACK DOWN TO 5000 FT. AT THIS POINT, I HAD NOT TALKED TO LEAR YET BECAUSE I WAS BUSY.

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.