Narrative:

Aircraft #1 departed from jfk climbing to 13000 ft, traffic at 14000 ft. Aircraft #1 leveled at 13000 ft. Aircraft #1 then was issued climb to 16000 ft. Issued traffic crossing at 17000 ft. Aircraft #1 receives TCASII RA to climb at the point where aircraft merged on scope. Aircraft #2 later also stated he received TCASII RA to climb but elected to maintain present altitude, due to visual contact on traffic. Mode C on aircraft #1 after passing traffic was 16300 ft, then next update 16400 ft, then leveled 16400 ft. Separation was lost, documented as pilot error. Did he break the altitude, then receive an RA? I believe so! The point from which aircraft was issued climb to 16000 ft from 13000 ft to merge with traffic was approximately 10-15 mi. What rate of climb would you use, knowing you're to stop at 16000 ft (3000 ft) with crossing traffic 10 mi away at your 2 O'clock position, converging. Based on what I know about TCASII, this incident should have never happened. This pilot had all the information and the addition of TCASII and still it happened.

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Original NASA ASRS Text

Title: A CLBING LGT CONTINUED ITS CLB IN RESPONSE TO A TCASII COMMAND, CAUSING LTSS.

Narrative: ACFT #1 DEPARTED FROM JFK CLBING TO 13000 FT, TFC AT 14000 FT. ACFT #1 LEVELED AT 13000 FT. ACFT #1 THEN WAS ISSUED CLB TO 16000 FT. ISSUED TFC XING AT 17000 FT. ACFT #1 RECEIVES TCASII RA TO CLB AT THE POINT WHERE ACFT MERGED ON SCOPE. ACFT #2 LATER ALSO STATED HE RECEIVED TCASII RA TO CLB BUT ELECTED TO MAINTAIN PRESENT ALT, DUE TO VISUAL CONTACT ON TFC. MODE C ON ACFT #1 AFTER PASSING TFC WAS 16300 FT, THEN NEXT UPDATE 16400 FT, THEN LEVELED 16400 FT. SEPARATION WAS LOST, DOCUMENTED AS PLT ERROR. DID HE BREAK THE ALT, THEN RECEIVE AN RA? I BELIEVE SO! THE POINT FROM WHICH ACFT WAS ISSUED CLB TO 16000 FT FROM 13000 FT TO MERGE WITH TFC WAS APPROX 10-15 MI. WHAT RATE OF CLB WOULD YOU USE, KNOWING YOU'RE TO STOP AT 16000 FT (3000 FT) WITH XING TFC 10 MI AWAY AT YOUR 2 O'CLOCK POS, CONVERGING. BASED ON WHAT I KNOW ABOUT TCASII, THIS INCIDENT SHOULD HAVE NEVER HAPPENED. THIS PLT HAD ALL THE INFO AND THE ADDITION OF TCASII AND STILL IT HAPPENED.

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.