Flight crew of air carrier mdt aircraft did not climb immediately when directed by ATC causing ATC to issue evasive action turns to both aircraft and a near midair collision.

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Attributes
ACN	219642
Time
Date	199208
Day	Fri
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : sbj
State Reference	NJ
Altitude	msl bound lower : 13000 msl bound upper : 14000
Environment
Flight Conditions	Mixed
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zny artcc : zbw
Operator	common carrier : air carrier
Make Model Name	Medium Transport, High Wing, 2 Turboprop Eng
Navigation In Use	Other Other
Flight Phase	cruise other
Flight Plan	IFR
Aircraft 2
Make Model Name	Any Unknown or Unlisted Aircraft Manufacturer
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 240 flight time total : 12400 flight time type : 800
ASRS Report	219642
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : commercial pilot : instrument
Events
Anomaly	altitude deviation : undershoot conflict : airborne less severe non adherence : required legal separation non adherence : clearance
Independent Detector	atc equipment other atc equipment : unspecified other controllera other flight crewa
Resolutory Action	controller : issued new clearance other
Consequence	Other
Miss Distance	vertical : 400
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

We were en route from ewr to bwi. At 14000 ft, ATC descended us to 13000 ft on a heading of 150 degrees. We were told that we could have 13000 ft or 14000 ft to bwi shortly. Soon, ATC told us to climb back to 14000 ft, proceed direct to lancaster VOR. He continued to talk to another aircraft. We stayed at 13000 ft, turning direct to lancaster. When he was through talking, we asked for 13000 ft for a final. At this point, our TCASII picked up a target at 13000 ft. ATC told us to climb to 14000 ft and turn left to 180 degrees. ATC told the other aircraft to turn to 270 degrees. At the same time, the TCASII commanded a climb. In my opinion, we would have received a TCASII alert even if we had started a normal rate of climb immediately after being told to climb to 14000 ft. We were not told to expedite the climb. Valuable time was lost when the controller continued talking to the other aircraft. If I had known that 13000 ft was no longer a viable altitude for us, we would have started an immediate climb to 14000 ft without hesitation.

Original NASA ASRS Text

Title: FLC OF ACR MDT ACFT DID NOT CLB IMMEDIATELY WHEN DIRECTED BY ATC CAUSING ATC TO ISSUE EVASIVE ACTION TURNS TO BOTH ACFT AND A NMAC.

Narrative: WE WERE ENRTE FROM EWR TO BWI. AT 14000 FT, ATC DSNDED US TO 13000 FT ON A HDG OF 150 DEGS. WE WERE TOLD THAT WE COULD HAVE 13000 FT OR 14000 FT TO BWI SHORTLY. SOON, ATC TOLD US TO CLB BACK TO 14000 FT, PROCEED DIRECT TO LANCASTER VOR. HE CONTINUED TO TALK TO ANOTHER ACFT. WE STAYED AT 13000 FT, TURNING DIRECT TO LANCASTER. WHEN HE WAS THROUGH TALKING, WE ASKED FOR 13000 FT FOR A FINAL. AT THIS POINT, OUR TCASII PICKED UP A TARGET AT 13000 FT. ATC TOLD US TO CLB TO 14000 FT AND TURN L TO 180 DEGS. ATC TOLD THE OTHER ACFT TO TURN TO 270 DEGS. AT THE SAME TIME, THE TCASII COMMANDED A CLB. IN MY OPINION, WE WOULD HAVE RECEIVED A TCASII ALERT EVEN IF WE HAD STARTED A NORMAL RATE OF CLB IMMEDIATELY AFTER BEING TOLD TO CLB TO 14000 FT. WE WERE NOT TOLD TO EXPEDITE THE CLB. VALUABLE TIME WAS LOST WHEN THE CTLR CONTINUED TALKING TO THE OTHER ACFT. IF I HAD KNOWN THAT 13000 FT WAS NO LONGER A VIABLE ALT FOR US, WE WOULD HAVE STARTED AN IMMEDIATE CLB TO 14000 FT WITHOUT HESITATION.

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.