Air carrier widebody transport climbed to an occupied altitude.

Attributes
ACN	128846
Time
Date	198911
Day	Mon
Local Time Of Day	1201 To 1800
Place
Locale Reference	airport : lga
State Reference	NY
Altitude	msl bound lower : 7500 msl bound upper : 8000
Environment
Flight Conditions	VMC
Light	Night
Aircraft 1
Controlling Facilities	tracon : n90
Operator	common carrier : air carrier
Make Model Name	Widebody, Low Wing, 3 Turbojet Eng
Navigation In Use	Other
Flight Phase	climbout : initial
Route In Use	departure sid : sid
Flight Plan	IFR
Aircraft 2
Operator	common carrier : air carrier
Make Model Name	Widebody, Low Wing, 3 Turbojet Eng
Navigation In Use	Other
Flight Phase	cruise other
Route In Use	arrival other
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : instrument pilot : flight engineer pilot : commercial pilot : atp
Experience	flight time last 90 days : 125 flight time total : 18000 flight time type : 2000
ASRS Report	128846
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : atp
Experience	flight time last 90 days : 210 flight time total : 7000 flight time type : 210
ASRS Report	129158
Events
Anomaly	non adherence : published procedure non adherence : required legal separation
Independent Detector	other controllera other flight crewa
Resolutory Action	controller : issued new clearance flight crew : took evasive action
Consequence	Other
Miss Distance	horizontal : 0 vertical : 500
Supplementary
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Error

Narrative:

Climbing out from lga on 340 degree right vector, we were cleared to 14000'. As we passed through 7300' climbing, we were told to level off at 7000' and given a left turn to 210 degrees. We could see a large aircraft at 12 O'clock at 8000', moving right to left. Our left turn kept the other aircraft at 12 O'clock. Our highest altitude was 7500' before we were able to descend back to 7000'.

Original NASA ASRS Text

Title: ACR WDB CLIMBED TO AN OCCUPIED ALT.

Narrative: CLBING OUT FROM LGA ON 340 DEG R VECTOR, WE WERE CLRED TO 14000'. AS WE PASSED THROUGH 7300' CLBING, WE WERE TOLD TO LEVEL OFF AT 7000' AND GIVEN A LEFT TURN TO 210 DEGS. WE COULD SEE A LARGE ACFT AT 12 O'CLOCK AT 8000', MOVING RIGHT TO LEFT. OUR LEFT TURN KEPT THE OTHER ACFT AT 12 O'CLOCK. OUR HIGHEST ALT WAS 7500' BEFORE WE WERE ABLE TO DSND BACK TO 7000'.

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