Responding to TCAS RA on kennedy SID results in climb above cleared altitude.

Attributes
ACN	779461
Time
Date	200803
Local Time Of Day	1201 To 1800
Place
Locale Reference	airport : jfk.airport
State Reference	NY
Altitude	msl single value : 4000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : n90.tracon
Operator	common carrier : air carrier
Make Model Name	Regional Jet 200 ER&LR
Operating Under FAR Part	Part 121
Flight Phase	climbout : takeoff
Route In Use	departure sid : kennedy
Flight Plan	IFR
Aircraft 2
Controlling Facilities	tracon : n90.tracon
Make Model Name	Any Unknown or Unlisted Aircraft Manufacturer
Flight Plan	VFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Experience	flight time last 90 days : 86 flight time total : 4186 flight time type : 1756
ASRS Report	779461
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Events
Anomaly	altitude deviation : overshoot 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
Miss Distance	vertical : 300
Supplementary
Problem Areas	ATC Human Performance Airspace Structure Flight Crew Human Performance
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Error

Narrative:

On JFK1 departure; first officer was direct to cri VOR cleared to 4000 ft. ATC advised of VFR traffic at 4500 ft nwbound. We were climbing through 3500 ft and told ATC 'traffic not in sight.' approximately 10 seconds later; TCAS gave TA. I announced to first officer that it was due to our rate of climb. TA changed to RA. I instructed first officer to disengage autoplt and follow RA commands. First officer decreased rate of climb and RA was resolved. However; we flew through the 4000 ft assigned to 4400 ft and started an immediate descent to 4000 ft. ATC asked us what our altitude was. I replied with 4400 ft and descending. Controller turned us to easterly heading and said 'I gave you a hard altitude air carrier.' we replied with 'we responded to an RA.' controller said; 'I know that box didn't tell you to climb.' I did not reply. In the future; I will take controls of the aircraft if other pilot does not respond aggressively enough.

Original NASA ASRS Text

Title: RESPONDING TO TCAS RA ON KENNEDY SID RESULTS IN CLIMB ABOVE CLRED ALT.

Narrative: ON JFK1 DEP; FO WAS DIRECT TO CRI VOR CLRED TO 4000 FT. ATC ADVISED OF VFR TFC AT 4500 FT NWBOUND. WE WERE CLBING THROUGH 3500 FT AND TOLD ATC 'TFC NOT IN SIGHT.' APPROX 10 SECONDS LATER; TCAS GAVE TA. I ANNOUNCED TO FO THAT IT WAS DUE TO OUR RATE OF CLB. TA CHANGED TO RA. I INSTRUCTED FO TO DISENGAGE AUTOPLT AND FOLLOW RA COMMANDS. FO DECREASED RATE OF CLB AND RA WAS RESOLVED. HOWEVER; WE FLEW THROUGH THE 4000 FT ASSIGNED TO 4400 FT AND STARTED AN IMMEDIATE DSCNT TO 4000 FT. ATC ASKED US WHAT OUR ALT WAS. I REPLIED WITH 4400 FT AND DSNDING. CTLR TURNED US TO EASTERLY HDG AND SAID 'I GAVE YOU A HARD ALT ACR.' WE REPLIED WITH 'WE RESPONDED TO AN RA.' CTLR SAID; 'I KNOW THAT BOX DIDN'T TELL YOU TO CLB.' I DID NOT REPLY. IN THE FUTURE; I WILL TAKE CTLS OF THE ACFT IF OTHER PLT DOES NOT RESPOND AGGRESSIVELY ENOUGH.

Data retrieved from NASA's ASRS site as of May 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.