Narrative:

While at 3000 ft approximately 20 mi north of teb; we received and complied with a TCAS RA. At 3000 ft; ATC turned us to a 110 degree heading where we spotted traffic at 2 O'clock position; 5 mi; 100 ft below moving right to left. Moments later; (the PNF sitting right seat) visually acquired the traffic simultaneously acknowledging to ATC that traffic was in sight. TCAS produced an aural TA and we continued to monitor the traffic. Approximately 30 seconds later; I observed the traffic turn slightly towards us and descend to 200 ft below our level. We prepared ourselves for an RA and seconds later the traffic climbed to within 100 ft of our altitude; less than 1 mi away; and TAS generated an RA climb. We climbed to 3700 ft; cleared traffic; and then slowly returned to assigned altitude of 3000 ft. We did not have to contact ATC until our descent back to altitude where I stated we were TCAS climb. Controller cautioned us of traffic above at 5000 ft and to return to 3000 ft. No further discussion was made between us and ATC. Nyc approach can have us fly at the bottom of their controled airspace of 3000 ft while uncontrolled traffic can fly as high as 2999 ft in the same area. Case of wrong place at the wrong time.

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Original NASA ASRS Text

Title: LR-60 WITH N90; EXPERIENCED TCAS RA WITH VFR TRAFFIC. REPORTER INDICATING AIRSPACE STRUCTURE; COUPLED WITH ATC PRACTICES; CONTRIBUTED TO THE EVENT.

Narrative: WHILE AT 3000 FT APPROX 20 MI N OF TEB; WE RECEIVED AND COMPLIED WITH A TCAS RA. AT 3000 FT; ATC TURNED US TO A 110 DEG HDG WHERE WE SPOTTED TFC AT 2 O'CLOCK POS; 5 MI; 100 FT BELOW MOVING R TO L. MOMENTS LATER; (THE PNF SITTING R SEAT) VISUALLY ACQUIRED THE TFC SIMULTANEOUSLY ACKNOWLEDGING TO ATC THAT TFC WAS IN SIGHT. TCAS PRODUCED AN AURAL TA AND WE CONTINUED TO MONITOR THE TFC. APPROX 30 SECONDS LATER; I OBSERVED THE TFC TURN SLIGHTLY TOWARDS US AND DSND TO 200 FT BELOW OUR LEVEL. WE PREPARED OURSELVES FOR AN RA AND SECONDS LATER THE TFC CLBED TO WITHIN 100 FT OF OUR ALT; LESS THAN 1 MI AWAY; AND TAS GENERATED AN RA CLB. WE CLBED TO 3700 FT; CLRED TFC; AND THEN SLOWLY RETURNED TO ASSIGNED ALT OF 3000 FT. WE DID NOT HAVE TO CONTACT ATC UNTIL OUR DSCNT BACK TO ALT WHERE I STATED WE WERE TCAS CLB. CTLR CAUTIONED US OF TFC ABOVE AT 5000 FT AND TO RETURN TO 3000 FT. NO FURTHER DISCUSSION WAS MADE BTWN US AND ATC. NYC APCH CAN HAVE US FLY AT THE BOTTOM OF THEIR CTLED AIRSPACE OF 3000 FT WHILE UNCTLED TFC CAN FLY AS HIGH AS 2999 FT IN THE SAME AREA. CASE OF WRONG PLACE AT THE WRONG TIME.

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.