Air carrier X non adherence to ATC clearance because of possible TCASII RA with air carrier Y. Visua...

Attributes
ACN	236441
Time
Date	199303
Day	Thu
Local Time Of Day	0601 To 1200
Place
Locale Reference	atc facility : rdu
State Reference	NC
Altitude	msl bound lower : 9000 msl bound upper : 10000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : rdu
Operator	common carrier : air carrier
Make Model Name	Large Transport, Low Wing, 3 Turbojet Eng
Flight Phase	cruise other
Route In Use	enroute : direct
Flight Plan	IFR
Aircraft 2
Operator	common carrier : air carrier
Make Model Name	Large Transport
Flight Phase	cruise other
Route In Use	enroute : direct
Flight Plan	IFR
Person 1
Affiliation	government : faa
Function	controller : departure
Qualification	controller : radar
Experience	controller military : 4 controller radar : 14
ASRS Report	236441
Person 2
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Events
Anomaly	non adherence : clearance
Independent Detector	other controllera
Resolutory Action	none taken : anomaly accepted
Consequence	Other
Miss Distance	vertical : 1000
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

Air carrier X 12 mi southwest rdu level 9000 ft. Air carrier Y wbound southwest rdu level 10000 ft. Traffic issued and visual separation acknowledged by both aircraft. Air carrier X flight projected to pass behind air carrier Y. Air carrier X issued climb to coordinated altitude of FL230. Air carrier X refused climb because he stated if he did he 'saw a TCASII alert coming' and would be required to follow TCASII instructions. After air carrier X passed behind air carrier Y he accepted the climb to FL230. Callback conversation with reporter revealed the following information: reporter stated air carrier X company policy requires flight crew response to TCASII RA. TCASII has increased reporter's workload as the reporter is now issuing all mode C traffic even if the traffic is not conflicting because of a possible TCASII RA. Reporter stated FAA issued a directive in mar/93 ordering controllers keep hands off aircraft responding to TCASII RA's and controllers are not responsible for standard separation if an aircraft is responding to RA.

Original NASA ASRS Text

Title: ACR X NON ADHERENCE TO ATC CLRNC BECAUSE OF POSSIBLE TCASII RA WITH ACR Y. VISUAL SEPARATION APPLIED.

Narrative: ACR X 12 MI SW RDU LEVEL 9000 FT. ACR Y WBOUND SW RDU LEVEL 10000 FT. TFC ISSUED AND VISUAL SEPARATION ACKNOWLEDGED BY BOTH ACFT. ACR X FLT PROJECTED TO PASS BEHIND ACR Y. ACR X ISSUED CLB TO COORDINATED ALT OF FL230. ACR X REFUSED CLB BECAUSE HE STATED IF HE DID HE 'SAW A TCASII ALERT COMING' AND WOULD BE REQUIRED TO FOLLOW TCASII INSTRUCTIONS. AFTER ACR X PASSED BEHIND ACR Y HE ACCEPTED THE CLB TO FL230. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: RPTR STATED ACR X COMPANY POLICY REQUIRES FLC RESPONSE TO TCASII RA. TCASII HAS INCREASED RPTR'S WORKLOAD AS THE RPTR IS NOW ISSUING ALL MODE C TFC EVEN IF THE TFC IS NOT CONFLICTING BECAUSE OF A POSSIBLE TCASII RA. RPTR STATED FAA ISSUED A DIRECTIVE IN MAR/93 ORDERING CTLRS KEEP HANDS OFF ACFT RESPONDING TO TCASII RA'S AND CTLRS ARE NOT RESPONSIBLE FOR STANDARD SEPARATION IF AN ACFT IS RESPONDING TO RA.

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.

Air carrier X non adherence to ATC clearance because of possible TCASII RA with air carrier Y. Visual separation applied.