Air carrier X TCASII TA with aircraft Y evasive action taken. Same altitude assigned.

Attributes
ACN	260004
Time
Date	199312
Day	Sun
Local Time Of Day	0001 To 0600
Place
Locale Reference	atc facility : sbbs
State Reference	FO
Altitude	msl bound lower : 35000 msl bound upper : 35000
Environment
Flight Conditions	VMC
Light	Night
Aircraft 1
Controlling Facilities	artcc : sbbs
Operator	common carrier : air carrier
Make Model Name	Widebody, Low Wing, 2 Turbojet Eng
Navigation In Use	Other Other
Flight Phase	cruise other
Route In Use	enroute : direct
Flight Plan	IFR
Aircraft 2
Make Model Name	Any Unknown or Unlisted Aircraft Manufacturer
Flight Phase	cruise other
Route In Use	enroute : direct
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 160 flight time total : 9800 flight time type : 1000
ASRS Report	260004
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : instrument pilot : commercial
Events
Anomaly	altitude deviation : excursion from assigned altitude conflict : airborne less severe non adherence : clearance non adherence : required legal separation
Independent Detector	aircraft equipment other aircraft equipment : unspecified
Resolutory Action	flight crew : took evasive action
Consequence	faa : reviewed incident with flight crew
Miss Distance	horizontal : 15000 vertical : 1000
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Operational Error other

Narrative:

Air carrier X on course and radar contact on ua-304 and approaching brasilia at FL350. We noticed on TCASII, and then visually, an aircraft also approaching brasilia from left to right. TCASII showed the other aircraft Y leveled at FL350 on what appeared to be a collision course. I turned on all exterior lights and inquired brasilia control several times of their intentions. Center was at that time in conversation with other aircraft. At just over 10 NM we tried to make direct contact with the approaching aircraft. Neither responded. At just over 5 NM the TCASII initiated a TA. It was time to take action and I decided to make an immediate climb. We passed 2 1/2 NM behind the other aircraft and 800-1000 ft above. Once again I queried the controllers and advised them of our action, at which point they hesitated and then told us there was no conflict since our separation was 5 NM, this as I was looking at the TCASII showing the other aircraft at 2.5 NM! Clear of traffic we descended back to FL350. It was clear that the separation required was not there. The controller seemed quite busy due to the traffic in the area. The language problem could have compounded the situation. I strongly believe had I waited for an RA on the TCASII we would have found ourselves in a very serious predicament.

Original NASA ASRS Text

Title: ACR X TCASII TA WITH ACFT Y EVASIVE ACTION TAKEN. SAME ALT ASSIGNED.

Narrative: ACR X ON COURSE AND RADAR CONTACT ON UA-304 AND APCHING BRASILIA AT FL350. WE NOTICED ON TCASII, AND THEN VISUALLY, AN ACFT ALSO APCHING BRASILIA FROM L TO R. TCASII SHOWED THE OTHER ACFT Y LEVELED AT FL350 ON WHAT APPEARED TO BE A COLLISION COURSE. I TURNED ON ALL EXTERIOR LIGHTS AND INQUIRED BRASILIA CTL SEVERAL TIMES OF THEIR INTENTIONS. CTR WAS AT THAT TIME IN CONVERSATION WITH OTHER ACFT. AT JUST OVER 10 NM WE TRIED TO MAKE DIRECT CONTACT WITH THE APCHING ACFT. NEITHER RESPONDED. AT JUST OVER 5 NM THE TCASII INITIATED A TA. IT WAS TIME TO TAKE ACTION AND I DECIDED TO MAKE AN IMMEDIATE CLB. WE PASSED 2 1/2 NM BEHIND THE OTHER ACFT AND 800-1000 FT ABOVE. ONCE AGAIN I QUERIED THE CTLRS AND ADVISED THEM OF OUR ACTION, AT WHICH POINT THEY HESITATED AND THEN TOLD US THERE WAS NO CONFLICT SINCE OUR SEPARATION WAS 5 NM, THIS AS I WAS LOOKING AT THE TCASII SHOWING THE OTHER ACFT AT 2.5 NM! CLR OF TFC WE DSNDED BACK TO FL350. IT WAS CLR THAT THE SEPARATION REQUIRED WAS NOT THERE. THE CTLR SEEMED QUITE BUSY DUE TO THE TFC IN THE AREA. THE LANGUAGE PROB COULD HAVE COMPOUNDED THE SIT. I STRONGLY BELIEVE HAD I WAITED FOR AN RA ON THE TCASII WE WOULD HAVE FOUND OURSELVES IN A VERY SERIOUS PREDICAMENT.

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.