Air carrier X TCASII RA with VFR Y made turn non adherence to ATC instructions. Pilot deviation.

Attributes
ACN	272471
Time
Date	199405
Day	Mon
Local Time Of Day	0601 To 1200
Place
Locale Reference	atc facility : orf
State Reference	VA
Altitude	msl bound lower : 2000 msl bound upper : 2000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : orf
Operator	common carrier : air carrier
Make Model Name	Commercial Fixed Wing
Operating Under FAR Part	Part 121
Flight Phase	climbout : intermediate altitude
Route In Use	enroute : on vectors
Flight Plan	IFR
Aircraft 2
Operator	general aviation : personal
Make Model Name	Skyhawk 172/Cutlass 172
Operating Under FAR Part	Part 91
Flight Phase	cruise other
Flight Plan	VFR
Person 1
Affiliation	government : faa
Function	controller : departure
Qualification	controller : radar
Experience	controller radar : 12
ASRS Report	272471
Person 2
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Events
Anomaly	conflict : airborne less severe non adherence : clearance other spatial deviation
Independent Detector	aircraft equipment other aircraft equipment : unspecified
Resolutory Action	controller : issued new clearance flight crew : took evasive action
Consequence	Other
Miss Distance	horizontal : 12000 vertical : 0
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

Air carrier X departed orf on runway heading climbing to 4000 ft. A C-172 was orbiting 4 mi north of orf at 2500 ft. 2 more C-172's were orbiting 6-7 mi north of orf at 3500 ft and 4000 ft. When the turbojet was 2 mi southeast of the first C-172 climbing out of 1900 ft, I instructed X to turn left heading 270 degrees. While the jet was in the middle of his turn, X told me he was turning north to avoid traffic. I replied 'if you are going north, maintain 3000 ft because of traffic. X replied, 'I'm out of 3 now. What do you want me to do?' I said turn wbound. Had X followed my instructions instead of following his TCASII, everything would have been fine. His climb rate was taking him safely above the traffic.

Original NASA ASRS Text

Title: ACR X TCASII RA WITH VFR Y MADE TURN NON ADHERENCE TO ATC INSTRUCTIONS. PLTDEV.

Narrative: ACR X DEPARTED ORF ON RWY HDG CLBING TO 4000 FT. A C-172 WAS ORBITING 4 MI N OF ORF AT 2500 FT. 2 MORE C-172'S WERE ORBITING 6-7 MI N OF ORF AT 3500 FT AND 4000 FT. WHEN THE TURBOJET WAS 2 MI SE OF THE FIRST C-172 CLBING OUT OF 1900 FT, I INSTRUCTED X TO TURN L HDG 270 DEGS. WHILE THE JET WAS IN THE MIDDLE OF HIS TURN, X TOLD ME HE WAS TURNING N TO AVOID TFC. I REPLIED 'IF YOU ARE GOING N, MAINTAIN 3000 FT BECAUSE OF TFC. X REPLIED, 'I'M OUT OF 3 NOW. WHAT DO YOU WANT ME TO DO?' I SAID TURN WBOUND. HAD X FOLLOWED MY INSTRUCTIONS INSTEAD OF FOLLOWING HIS TCASII, EVERYTHING WOULD HAVE BEEN FINE. HIS CLB RATE WAS TAKING HIM SAFELY ABOVE THE TFC.

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.