Conflict between 2 air carrier aircraft.

Attributes
ACN	280517
Time
Date	199408
Day	Mon
Local Time Of Day	0601 To 1200
Place
Locale Reference	atc facility : rbv
State Reference	NJ
Altitude	msl bound lower : 15000 msl bound upper : 15000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : n90
Operator	common carrier : air carrier
Make Model Name	B727-200
Operating Under FAR Part	Part 121
Flight Phase	climbout : intermediate altitude
Route In Use	enroute : direct
Flight Plan	IFR
Aircraft 2
Operator	common carrier : air carrier
Make Model Name	Saab-Scania Undifferentiated or Other Model
Operating Under FAR Part	Part 121
Navigation In Use	Other Other
Flight Phase	cruise other
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp pilot : cfi
Experience	flight time last 90 days : 200 flight time total : 20000 flight time type : 2000
ASRS Report	280517
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : commercial pilot : instrument
Events
Anomaly	conflict : airborne less severe non adherence : required legal separation other anomaly other other spatial deviation
Independent Detector	other flight crewa other other : unspecified cockpit
Resolutory Action	controller : issued new clearance flight crew : took evasive action other
Consequence	Other
Miss Distance	horizontal : 1500 vertical : 1000
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

After takeoff from jfk we changed to and checked in on 124.75 mh and were cleared 'direct to rbv-climb to and maintain 17000 ft.' we acknowledged. As we climbed through about 14000 ft we received a TCASII TA of traffic at 1200 and 2300 ft above us. I told first officer to level and turn to right. He did. When I could get a word in with very busy ATC, regarding traffic, he advised, in an annoyed tone, 'been trying to get you about traffic.' all 3 crew were paying attention and never heard any calls. Somewhere in all the confusion I heard '15000 ft' but never had time to confirm if it was for us or not. We were instructed to change to next sector and I checked in 'level at 15000 ft climbing to 17000 ft.' she replied 'confirm climbing to maintain 17000 ft.' I did not pursue any of the above because ATC was very busy. We have no idea how conflict arose. ATC error in assigning 17000 ft. We missed a call. Call blocked -- VFR aircraft -- etc. We sighted other aircraft twin turboprop (saab?) as he passed overhead at 1400 ft TCASII and slightly left of our position. If it had not been for the TCASII this could have been a disaster.

Original NASA ASRS Text

Title: CONFLICT BTWN 2 ACR ACFT.

Narrative: AFTER TKOF FROM JFK WE CHANGED TO AND CHKED IN ON 124.75 MH AND WERE CLRED 'DIRECT TO RBV-CLB TO AND MAINTAIN 17000 FT.' WE ACKNOWLEDGED. AS WE CLBED THROUGH ABOUT 14000 FT WE RECEIVED A TCASII TA OF TFC AT 1200 AND 2300 FT ABOVE US. I TOLD FO TO LEVEL AND TURN TO R. HE DID. WHEN I COULD GET A WORD IN WITH VERY BUSY ATC, REGARDING TFC, HE ADVISED, IN AN ANNOYED TONE, 'BEEN TRYING TO GET YOU ABOUT TFC.' ALL 3 CREW WERE PAYING ATTN AND NEVER HEARD ANY CALLS. SOMEWHERE IN ALL THE CONFUSION I HEARD '15000 FT' BUT NEVER HAD TIME TO CONFIRM IF IT WAS FOR US OR NOT. WE WERE INSTRUCTED TO CHANGE TO NEXT SECTOR AND I CHKED IN 'LEVEL AT 15000 FT CLBING TO 17000 FT.' SHE REPLIED 'CONFIRM CLBING TO MAINTAIN 17000 FT.' I DID NOT PURSUE ANY OF THE ABOVE BECAUSE ATC WAS VERY BUSY. WE HAVE NO IDEA HOW CONFLICT AROSE. ATC ERROR IN ASSIGNING 17000 FT. WE MISSED A CALL. CALL BLOCKED -- VFR ACFT -- ETC. WE SIGHTED OTHER ACFT TWIN TURBOPROP (SAAB?) AS HE PASSED OVERHEAD AT 1400 FT TCASII AND SLIGHTLY L OF OUR POS. IF IT HAD NOT BEEN FOR THE TCASII THIS COULD HAVE BEEN A DISASTER.

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.