Narrative:

We had just switched over from phl departure frequency to ZNY and were given a climb from 12000 to 15000 ft. Upon reaching 15000 ft ATC called traffic at our 12 O'clock position (VFR squawk) and approximately 12 mi. I then acknowledged ATC and immediately checked out the target on our TCASII. ATC then cleared us to our final cruise altitude of 16000 ft and the captain initiated the climb. All this time I observed the target at 12 O'clock on our TCASII to be converging and to have initiated a climb also. I then called ATC and told her that we observed the 12 O'clock traffic to be climbing along with us into our altitude and asked for a turn for avoidance. (Now target was at 5 mi ahead). The ATC controller after a brief (what seemed to be confused) pause, mumbled something to the effect that a 40 degree turn to the right would be approved. The captain then initiated the turn, our altitude was about 15500 and climbing. At this point the TCASII gave us a TA shortly followed by an RA and commanded us to climb to avoid the traffic which was now at 2 mi at our 12 O'clock. The captain responded to the RA and spotted the VFR traffic out his left window passing to the left and at 500 ft below us. ATC then asked us if we had the traffic at our 12 O'clock and I responded that we had the traffic as it passed us. I am convinced that without the TCASII the outcome of this conflict might have had catastrophic results. ATC in my view dropped the ball in this near miss. It was obvious that ATC training was being conducted. After this event a man's voice (ATC) came on the frequency and cleared us on a more direct route after our turn off course and then the original controller came back and gave us a frequency change. I hope that the ATC trainee learns a valuable lesson from this almost catastrophic event. I know that I, as a flight crew member, have learned to ask for a vector earlier in a conflict situation.

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Original NASA ASRS Text

Title: ACR MLG ALTDEV EXCURSION FROM CLRNC IN RESPONSE TO TCASII RA.

Narrative: WE HAD JUST SWITCHED OVER FROM PHL DEP FREQ TO ZNY AND WERE GIVEN A CLB FROM 12000 TO 15000 FT. UPON REACHING 15000 FT ATC CALLED TFC AT OUR 12 O'CLOCK POS (VFR SQUAWK) AND APPROX 12 MI. I THEN ACKNOWLEDGED ATC AND IMMEDIATELY CHKED OUT THE TARGET ON OUR TCASII. ATC THEN CLRED US TO OUR FINAL CRUISE ALT OF 16000 FT AND THE CAPT INITIATED THE CLB. ALL THIS TIME I OBSERVED THE TARGET AT 12 O'CLOCK ON OUR TCASII TO BE CONVERGING AND TO HAVE INITIATED A CLB ALSO. I THEN CALLED ATC AND TOLD HER THAT WE OBSERVED THE 12 O'CLOCK TFC TO BE CLBING ALONG WITH US INTO OUR ALT AND ASKED FOR A TURN FOR AVOIDANCE. (NOW TARGET WAS AT 5 MI AHEAD). THE ATC CTLR AFTER A BRIEF (WHAT SEEMED TO BE CONFUSED) PAUSE, MUMBLED SOMETHING TO THE EFFECT THAT A 40 DEG TURN TO THE R WOULD BE APPROVED. THE CAPT THEN INITIATED THE TURN, OUR ALT WAS ABOUT 15500 AND CLBING. AT THIS POINT THE TCASII GAVE US A TA SHORTLY FOLLOWED BY AN RA AND COMMANDED US TO CLB TO AVOID THE TFC WHICH WAS NOW AT 2 MI AT OUR 12 O'CLOCK. THE CAPT RESPONDED TO THE RA AND SPOTTED THE VFR TFC OUT HIS L WINDOW PASSING TO THE L AND AT 500 FT BELOW US. ATC THEN ASKED US IF WE HAD THE TFC AT OUR 12 O'CLOCK AND I RESPONDED THAT WE HAD THE TFC AS IT PASSED US. I AM CONVINCED THAT WITHOUT THE TCASII THE OUTCOME OF THIS CONFLICT MIGHT HAVE HAD CATASTROPHIC RESULTS. ATC IN MY VIEW DROPPED THE BALL IN THIS NEAR MISS. IT WAS OBVIOUS THAT ATC TRAINING WAS BEING CONDUCTED. AFTER THIS EVENT A MAN'S VOICE (ATC) CAME ON THE FREQ AND CLRED US ON A MORE DIRECT RTE AFTER OUR TURN OFF COURSE AND THEN THE ORIGINAL CTLR CAME BACK AND GAVE US A FREQ CHANGE. I HOPE THAT THE ATC TRAINEE LEARNS A VALUABLE LESSON FROM THIS ALMOST CATASTROPHIC EVENT. I KNOW THAT I, AS A FLC MEMBER, HAVE LEARNED TO ASK FOR A VECTOR EARLIER IN A CONFLICT SITUATION.

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.