Narrative:

During initial climb on W9 from la romana; dominican republic; we averted an near midair collision with a twin-engine propeller driven aircraft. Prior to departure from mdlr our clearance was to intercept W11 outbound to pixar. We departed off runway 11 with a right turnout and clearance to cross the lrm VOR at or above 5000 ft. After departure and just prior to crossing overhead the lrm VOR; santo domingo departure reclred us to intercept W9 to pta and to climb and maintain 8000 ft. Both pilots had the lrm VOR frequency selected; so I provided an initial intercept heading to W9 to first officer. As the PNF with my santo domingo 10-1 page readily available; I reprogrammed the FMC to reflect our new clearance. While continuing our climb and after rolling out and intercepting W9 outbound from lrm; TCAS displayed an aircraft 1100 ft above us on a southwesterly heading. This sudden emergence of an aircraft on my map display (10 mi range; TCAS in 'abv' mode) within 5 mi raised our situational awareness. I spotted the aircraft visually and quickly determined that we were on a collision course. At this time we were climbing through 7400 ft; with no TCAS advisory displayed or aural alert and the traffic now displayed at 700 ft above us. I instructed first officer to stop our climb (7600 ft); the approaching aircraft was maintaining its southwesterly heading on a direct collision course. First officer focused on flying the aircraft and followed my instructions while I maintained visual with the approaching aircraft. In order to separate ourselves from the aircraft we had to descend. After the aircraft passed us; the TCAS displayed the aircraft 500 ft above us. I informed santo domingo departure about the near midair. The controller informed me that their radar was not working and that the pilot of the other aircraft told them he was maintaining 8500 ft. I told the agency the aircraft was not maintaining 8500 ft but 8000 ft. I told them that they needed to file an near midair collision report. Issues: why didn't the TCAS provide any alerts? Why did santo domingo issue a clearance that would bring 2 aircraft on an intercept course within 500 ft of each other with or without radar? Training: are we so reliant on TCAS and controllers now; that if this happened in IMC conditions (no TCAS advisory/alerts); would we have had a midair collision! Sum: if we had not stopped our climb; we would have had a midair collision.

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Original NASA ASRS Text

Title: B737-800 FLT CREW HAS A TCAS ALERT DURING CLB.

Narrative: DURING INITIAL CLB ON W9 FROM LA ROMANA; DOMINICAN REPUBLIC; WE AVERTED AN NMAC WITH A TWIN-ENG PROP DRIVEN ACFT. PRIOR TO DEP FROM MDLR OUR CLRNC WAS TO INTERCEPT W11 OUTBOUND TO PIXAR. WE DEPARTED OFF RWY 11 WITH A R TURNOUT AND CLRNC TO CROSS THE LRM VOR AT OR ABOVE 5000 FT. AFTER DEP AND JUST PRIOR TO XING OVERHEAD THE LRM VOR; SANTO DOMINGO DEP RECLRED US TO INTERCEPT W9 TO PTA AND TO CLB AND MAINTAIN 8000 FT. BOTH PLTS HAD THE LRM VOR FREQ SELECTED; SO I PROVIDED AN INITIAL INTERCEPT HDG TO W9 TO FO. AS THE PNF WITH MY SANTO DOMINGO 10-1 PAGE READILY AVAILABLE; I REPROGRAMMED THE FMC TO REFLECT OUR NEW CLRNC. WHILE CONTINUING OUR CLB AND AFTER ROLLING OUT AND INTERCEPTING W9 OUTBOUND FROM LRM; TCAS DISPLAYED AN ACFT 1100 FT ABOVE US ON A SOUTHWESTERLY HDG. THIS SUDDEN EMERGENCE OF AN ACFT ON MY MAP DISPLAY (10 MI RANGE; TCAS IN 'ABV' MODE) WITHIN 5 MI RAISED OUR SITUATIONAL AWARENESS. I SPOTTED THE ACFT VISUALLY AND QUICKLY DETERMINED THAT WE WERE ON A COLLISION COURSE. AT THIS TIME WE WERE CLBING THROUGH 7400 FT; WITH NO TCAS ADVISORY DISPLAYED OR AURAL ALERT AND THE TFC NOW DISPLAYED AT 700 FT ABOVE US. I INSTRUCTED FO TO STOP OUR CLB (7600 FT); THE APCHING ACFT WAS MAINTAINING ITS SOUTHWESTERLY HDG ON A DIRECT COLLISION COURSE. FO FOCUSED ON FLYING THE ACFT AND FOLLOWED MY INSTRUCTIONS WHILE I MAINTAINED VISUAL WITH THE APCHING ACFT. IN ORDER TO SEPARATE OURSELVES FROM THE ACFT WE HAD TO DSND. AFTER THE ACFT PASSED US; THE TCAS DISPLAYED THE ACFT 500 FT ABOVE US. I INFORMED SANTO DOMINGO DEP ABOUT THE NEAR MIDAIR. THE CTLR INFORMED ME THAT THEIR RADAR WAS NOT WORKING AND THAT THE PLT OF THE OTHER ACFT TOLD THEM HE WAS MAINTAINING 8500 FT. I TOLD THE AGENCY THE ACFT WAS NOT MAINTAINING 8500 FT BUT 8000 FT. I TOLD THEM THAT THEY NEEDED TO FILE AN NMAC RPT. ISSUES: WHY DIDN'T THE TCAS PROVIDE ANY ALERTS? WHY DID SANTO DOMINGO ISSUE A CLRNC THAT WOULD BRING 2 ACFT ON AN INTERCEPT COURSE WITHIN 500 FT OF EACH OTHER WITH OR WITHOUT RADAR? TRAINING: ARE WE SO RELIANT ON TCAS AND CTLRS NOW; THAT IF THIS HAPPENED IN IMC CONDITIONS (NO TCAS ADVISORY/ALERTS); WOULD WE HAVE HAD A MIDAIR COLLISION! SUM: IF WE HAD NOT STOPPED OUR CLB; WE WOULD HAVE HAD A MIDAIR COLLISION.

Data retrieved from NASA's ASRS site as of January 2009 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.