Air carrier X TCASII RA with VFR Y in TCA evasive action taken.

Attributes
ACN	279227
Time
Date	199408
Day	Mon
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : sjc
State Reference	CA
Altitude	msl bound lower : 5000 msl bound upper : 5500
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : oak
Operator	common carrier : air carrier
Make Model Name	B737-200
Operating Under FAR Part	Part 121
Flight Phase	climbout : intermediate altitude
Route In Use	departure sid : sid
Flight Plan	IFR
Aircraft 2
Operator	general aviation : personal
Make Model Name	Any Unknown or Unlisted Aircraft Manufacturer
Operating Under FAR Part	Part 91
Flight Phase	cruise other
Route In Use	enroute : direct
Flight Plan	VFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 250 flight time total : 12000 flight time type : 7000
ASRS Report	279227
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : commercial pilot : instrument
Events
Anomaly	altitude deviation : overshoot conflict : nmac non adherence : clearance
Independent Detector	aircraft equipment other aircraft equipment : unspecified
Resolutory Action	flight crew : took evasive action
Consequence	Other
Miss Distance	horizontal : 500 vertical : 300
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

Air carrier X on san jose 8 departure SID. Maintain 5000 ft. On downwind climb and departure 737 given climb to 6000 ft, traffic at 12 O'clock, VFR, opposite direction at 6500 ft. First officer responds and repeats climb to 6000 ft, looking. Captain flying. TCASII alerts at 4800 ft in climb, seconds later TCASII commands descent. Cockpit conversation quickly rehashes clearance while looking for traffic. Climb to 6000 ft, traffic at 6500 ft is a logically issued and cockpit confirmed clearance. The TCASII must be wrong? The captain elects to follow the TCASII and initiate descent. Opposite direction traffic confirmed to be at 5500 ft. The TCASII was correct. I'm not filing a midair. Did the old 737-200 (noisy with old radios) cause a reception problem for the cockpit crew and the controller didn't catch the wrong readback? Did he repeat the climb to 5000 ft just to preface the traffic alert at 5500 ft and the crew heard 6000 ft, 6500 ft? Did the controller err and say 6000 ft and 6500 ft through some altitude transponder error from Y?

Original NASA ASRS Text

Title: ACR X TCASII RA WITH VFR Y IN TCA EVASIVE ACTION TAKEN.

Narrative: ACR X ON SAN JOSE 8 DEP SID. MAINTAIN 5000 FT. ON DOWNWIND CLB AND DEP 737 GIVEN CLB TO 6000 FT, TFC AT 12 O'CLOCK, VFR, OPPOSITE DIRECTION AT 6500 FT. FO RESPONDS AND REPEATS CLB TO 6000 FT, LOOKING. CAPT FLYING. TCASII ALERTS AT 4800 FT IN CLB, SECONDS LATER TCASII COMMANDS DSCNT. COCKPIT CONVERSATION QUICKLY REHASHES CLRNC WHILE LOOKING FOR TFC. CLB TO 6000 FT, TFC AT 6500 FT IS A LOGICALLY ISSUED AND COCKPIT CONFIRMED CLRNC. THE TCASII MUST BE WRONG? THE CAPT ELECTS TO FOLLOW THE TCASII AND INITIATE DSCNT. OPPOSITE DIRECTION TFC CONFIRMED TO BE AT 5500 FT. THE TCASII WAS CORRECT. I'M NOT FILING A MIDAIR. DID THE OLD 737-200 (NOISY WITH OLD RADIOS) CAUSE A RECEPTION PROB FOR THE COCKPIT CREW AND THE CTLR DIDN'T CATCH THE WRONG READBACK? DID HE REPEAT THE CLB TO 5000 FT JUST TO PREFACE THE TFC ALERT AT 5500 FT AND THE CREW HEARD 6000 FT, 6500 FT? DID THE CTLR ERR AND SAY 6000 FT AND 6500 FT THROUGH SOME ALT XPONDER ERROR FROM Y?

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.