Captain of an medium large transport air carrier aircraft overshot assigned climb altitude and declared an emergency to ATC in order to continue climb for avoiding cross traffic at same altitude.

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Attributes
ACN	245516
Time
Date	199306
Day	Sat
Local Time Of Day	0001 To 0600
Place
Locale Reference	atc facility : cvg
State Reference	OH
Altitude	msl bound lower : 16500 msl bound upper : 16700
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zob
Operator	common carrier : air carrier
Make Model Name	Medium Large Transport, Low Wing, 2 Turbojet Eng
Flight Phase	climbout : intermediate altitude
Flight Plan	IFR
Aircraft 2
Operator	common carrier : air carrier
Make Model Name	Medium Large Transport, Low Wing, 2 Turbojet Eng
Navigation In Use	Other
Flight Phase	descent other
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 180 flight time total : 11500 flight time type : 9500
ASRS Report	245516
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : commercial pilot : instrument pilot : atp
Events
Anomaly	altitude deviation : overshoot inflight encounter : weather non adherence : clearance
Independent Detector	aircraft equipment other aircraft equipment : unspecified other flight crewa
Resolutory Action	controller : issued new clearance flight crew : took evasive action
Consequence	Other
Miss Distance	vertical : 200
Supplementary
Primary Problem	ATC Human Performance
Air Traffic Incident	other

Narrative:

Rapid climb assigned by ATC (excess of 2500 FPM) to avoid crossing traffic. Passing 16000 ft climbing to FL230, crossing traffic demandedl deviation to avoid thunderstorm. He reported descending through 16500 ft as I was climbing through 16700 ft. Controller reassigned him 17000 ft and reassigned me 16000 ft. TCASII gave altitude alert. I gained visual on traffic. Complying with ATC clearance would have caused near miss. I declared an emergency and continued the climb. Controller reassigned me FL230 and flight continued. Due to continued climb there was great vertical and horizontal separation between aircraft. TCASII never gave resolution, only warning. Incident was caused by overworked ATC system who ignored deviation requests due to workload.

Original NASA ASRS Text

Title: CAPT OF AN MLG ACR ACFT OVERSHOT ASSIGNED CLB ALT AND DECLARED AN EMER TO ATC IN ORDER TO CONTINUE CLB FOR AVOIDING CROSS TFC AT SAME ALT.

Narrative: RAPID CLB ASSIGNED BY ATC (EXCESS OF 2500 FPM) TO AVOID XING TFC. PASSING 16000 FT CLBING TO FL230, XING TFC DEMANDEDL DEV TO AVOID TSTM. HE RPTED DSNDING THROUGH 16500 FT AS I WAS CLBING THROUGH 16700 FT. CTLR REASSIGNED HIM 17000 FT AND REASSIGNED ME 16000 FT. TCASII GAVE ALT ALERT. I GAINED VISUAL ON TFC. COMPLYING WITH ATC CLRNC WOULD HAVE CAUSED NEAR MISS. I DECLARED AN EMER AND CONTINUED THE CLB. CTLR REASSIGNED ME FL230 AND FLT CONTINUED. DUE TO CONTINUED CLB THERE WAS GREAT VERT AND HORIZ SEPARATION BTWN ACFT. TCASII NEVER GAVE RESOLUTION, ONLY WARNING. INCIDENT WAS CAUSED BY OVERWORKED ATC SYS WHO IGNORED DEV REQUESTS DUE TO WORKLOAD.

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.