Narrative:

2 aircraft involved, a widebody transport and small aircraft. The conflict was a direct result of widebody transport not complying with an assigned altitude of 3000' MSL. The civil aircraft was on in IFR flight plan at 4000' MSL. I believe the event occurred because the widebody transport pilot did not establish radio communications off the runway. The first call came 7 mi away from the departure airport after the conflict had happened. All that could be done was issue a safety advisory to the small aircraft pilot. Small aircraft reported the aircraft in sight. A definite language barrier existed at the time. After the incident the widebody transport flight crew was issued further turns and they did not comply with them.

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Original NASA ASRS Text

Title: ACFT CLIMBED ABOVE THE ASSIGNED ALT WHICH RESULTED IN LESS THAN STANDARD SEPARATION WITH ANOTHER ACFT.

Narrative: 2 ACFT INVOLVED, A WDB AND SMA. THE CONFLICT WAS A DIRECT RESULT OF WDB NOT COMPLYING WITH AN ASSIGNED ALT OF 3000' MSL. THE CIVIL ACFT WAS ON IN IFR FLT PLAN AT 4000' MSL. I BELIEVE THE EVENT OCCURRED BECAUSE THE WDB PLT DID NOT ESTABLISH RADIO COMS OFF THE RWY. THE FIRST CALL CAME 7 MI AWAY FROM THE DEP ARPT AFTER THE CONFLICT HAD HAPPENED. ALL THAT COULD BE DONE WAS ISSUE A SAFETY ADVISORY TO THE SMA PLT. SMA RPTED THE ACFT IN SIGHT. A DEFINITE LANGUAGE BARRIER EXISTED AT THE TIME. AFTER THE INCIDENT THE WDB FLT CREW WAS ISSUED FURTHER TURNS AND THEY DID NOT COMPLY WITH THEM.

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