Narrative:

Air carrier X departed maf with clearance to 13000. During climb, altitude clearance was changed to 11000 ten reclred to 13000 and given traffic as 12-1 O'clock within 10 mi at 11500. Started climb then detected traffic on TCASII scope at 12 O'clock within 4 mi. We became concerned about being so close to same altitude and TCASII showed possible collision course. Air carrier X turned 30 degrees left from assigned heading while informing ATC of our concern and deviation we also increased our climb rate to vacate traffic's altitude. This caused an altitude overshoot of approximately 300 ft from the assigned 13000. I feel ATC needlessly and casually placed us in a traffic conflict. The area did not appear to be busy with other aircraft. The late clearance to climb to 13000 set us up to climb through the traffic's altitude. Either keeping us below until clear, or a simple vector would have kept this problem from occurring.

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Original NASA ASRS Text

Title: ACR X TCASII TA NON ADHERENCE TO ATC CLRNC EVASIVE ACTION TAKEN TURN AND INCREASED CLB RATE CLBED THROUGH ASSIGNED ALT. PLTDEV.

Narrative: ACR X DEPARTED MAF WITH CLRNC TO 13000. DURING CLB, ALT CLRNC WAS CHANGED TO 11000 TEN RECLRED TO 13000 AND GIVEN TFC AS 12-1 O'CLOCK WITHIN 10 MI AT 11500. STARTED CLB THEN DETECTED TFC ON TCASII SCOPE AT 12 O'CLOCK WITHIN 4 MI. WE BECAME CONCERNED ABOUT BEING SO CLOSE TO SAME ALT AND TCASII SHOWED POSSIBLE COLLISION COURSE. ACR X TURNED 30 DEGS L FROM ASSIGNED HDG WHILE INFORMING ATC OF OUR CONCERN AND DEV WE ALSO INCREASED OUR CLB RATE TO VACATE TFC'S ALT. THIS CAUSED AN ALT OVERSHOOT OF APPROX 300 FT FROM THE ASSIGNED 13000. I FEEL ATC NEEDLESSLY AND CASUALLY PLACED US IN A TFC CONFLICT. THE AREA DID NOT APPEAR TO BE BUSY WITH OTHER ACFT. THE LATE CLRNC TO CLB TO 13000 SET US UP TO CLB THROUGH THE TFC'S ALT. EITHER KEEPING US BELOW UNTIL CLR, OR A SIMPLE VECTOR WOULD HAVE KEPT THIS PROBLEM FROM OCCURRING.

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.