Narrative:

I was working R49 sector at ZJX center; I noticed that I was given a 100 KT overtake from ZTL with an air carrier and aircraft X (PC12). I then ask the air carrier would they be able to accept FL380 for traffic. They said unable; that they were too heavy. I then asked aircraft X if they can accept FL380 for traffic. The aircraft stated yes and advised it would be a slow climb about 500 FPM. I said that is fine. I then turned aircraft X 20 degrees left; vectors for your climb. I did not issue a climb clearance because I had another air carrier northbound at FL370. Shortly thereafter; aircraft X started its climb. When I noticed the altitude change; I immediately asked aircraft X; 'verify level at FL360.' advised to aircraft X that I didn't issue a climb clearance and to maintain FL360. I then immediately told the aircraft Y to turn 30 degrees right for traffic. The pilot stated that the other aircraft was approaching rapidly. I then turned aircraft X 30 degrees right and maintain FL360 report level. I was trying to re-establish separation. The aircraft Y said that his TCAS went off so he took evasive action to maneuver. After further review from quality assurance; it wasn't my fault they called it a pilot deviation; because I never issued a climb clearance -- just a turn to vector for aircraft X climb. They are now pursuing the pilot. Also looking at the replay; aircraft Y never took the 20 degree left turn; he just decided to climb instead.

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Original NASA ASRS Text

Title: ZJX CTLR DESCRIBED LOSS OF SEPARATION AT FL360 WHEN PC12 WAS VECTORED FOR SEPARATION; BUT INITIATED A CLIMB BEFORE CLRNC WAS ISSUED.

Narrative: I WAS WORKING R49 SECTOR AT ZJX CTR; I NOTICED THAT I WAS GIVEN A 100 KT OVERTAKE FROM ZTL WITH AN ACR AND ACFT X (PC12). I THEN ASK THE ACR WOULD THEY BE ABLE TO ACCEPT FL380 FOR TFC. THEY SAID UNABLE; THAT THEY WERE TOO HVY. I THEN ASKED ACFT X IF THEY CAN ACCEPT FL380 FOR TFC. THE ACFT STATED YES AND ADVISED IT WOULD BE A SLOW CLB ABOUT 500 FPM. I SAID THAT IS FINE. I THEN TURNED ACFT X 20 DEGS L; VECTORS FOR YOUR CLB. I DID NOT ISSUE A CLB CLRNC BECAUSE I HAD ANOTHER ACR NBOUND AT FL370. SHORTLY THEREAFTER; ACFT X STARTED ITS CLB. WHEN I NOTICED THE ALT CHANGE; I IMMEDIATELY ASKED ACFT X; 'VERIFY LEVEL AT FL360.' ADVISED TO ACFT X THAT I DIDN'T ISSUE A CLB CLRNC AND TO MAINTAIN FL360. I THEN IMMEDIATELY TOLD THE ACFT Y TO TURN 30 DEGS R FOR TFC. THE PLT STATED THAT THE OTHER ACFT WAS APCHING RAPIDLY. I THEN TURNED ACFT X 30 DEGS R AND MAINTAIN FL360 RPT LEVEL. I WAS TRYING TO RE-ESTABLISH SEPARATION. THE ACFT Y SAID THAT HIS TCAS WENT OFF SO HE TOOK EVASIVE ACTION TO MANEUVER. AFTER FURTHER REVIEW FROM QUALITY ASSURANCE; IT WASN'T MY FAULT THEY CALLED IT A PLTDEV; BECAUSE I NEVER ISSUED A CLB CLRNC -- JUST A TURN TO VECTOR FOR ACFT X CLB. THEY ARE NOW PURSUING THE PLT. ALSO LOOKING AT THE REPLAY; ACFT Y NEVER TOOK THE 20 DEG L TURN; HE JUST DECIDED TO CLB INSTEAD.

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.