Near midair collision pilot deviation.

Attributes
ACN	289116
Time
Date	199411
Day	Sun
Local Time Of Day	0601 To 1200
Place
Locale Reference	atc facility : ewr
State Reference	NJ
Altitude	msl bound lower : 6000 msl bound upper : 7000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : n90 tower : dfw
Operator	common carrier : air carrier
Make Model Name	DC-9 Undifferentiated or Other Model
Operating Under FAR Part	Part 121
Flight Phase	cruise other
Flight Plan	IFR
Aircraft 2
Operator	common carrier : air carrier
Make Model Name	Any Unknown or Unlisted Aircraft Manufacturer
Operating Under FAR Part	Part 121
Flight Phase	climbout : intermediate altitude
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp pilot : commercial pilot : flight engineer
Experience	flight time last 90 days : 130 flight time total : 10600 flight time type : 900
ASRS Report	289116
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : atp
Experience	flight time last 90 days : 150 flight time total : 10200 flight time type : 2000
ASRS Report	289117
Events
Anomaly	conflict : nmac other anomaly other
Independent Detector	aircraft equipment other aircraft equipment : unspecified
Resolutory Action	flight crew : took evasive action
Consequence	Other
Miss Distance	horizontal : 0 vertical : 400
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

On newark 4 departure to white. Level at 6000 ft on colts neck 350 degree radial received TCASII TA followed by RA commanding a climb. Climbed to 7000 ft, then descended back to 6000 ft and advised ny departure. Never saw or was advised of traffic by ATC. ATC said something to the effect of 'yea, I knew about that traffic.' when originally checking on the frequency. I believe I heard departure clear an air carrier Y to climb while maintaining visual separation with an air carrier X DC9 that had been reported in sight. We were a DC9. This may have been what led to the RA. If we were the DC9 that an aircraft had been cleared to climb while maintaining visual reference with, perhaps the climbing aircraft was mistaking some other aircraft for us, or climbed and passed too close to us so that it triggered our TCASII.

Original NASA ASRS Text

Title: NMAC PLTDEV.

Narrative: ON NEWARK 4 DEP TO WHITE. LEVEL AT 6000 FT ON COLTS NECK 350 DEG RADIAL RECEIVED TCASII TA FOLLOWED BY RA COMMANDING A CLB. CLBED TO 7000 FT, THEN DSNDED BACK TO 6000 FT AND ADVISED NY DEP. NEVER SAW OR WAS ADVISED OF TFC BY ATC. ATC SAID SOMETHING TO THE EFFECT OF 'YEA, I KNEW ABOUT THAT TFC.' WHEN ORIGINALLY CHKING ON THE FREQ. I BELIEVE I HEARD DEP CLR AN ACR Y TO CLB WHILE MAINTAINING VISUAL SEPARATION WITH AN ACR X DC9 THAT HAD BEEN RPTED IN SIGHT. WE WERE A DC9. THIS MAY HAVE BEEN WHAT LED TO THE RA. IF WE WERE THE DC9 THAT AN ACFT HAD BEEN CLRED TO CLB WHILE MAINTAINING VISUAL REF WITH, PERHAPS THE CLBING ACFT WAS MISTAKING SOME OTHER ACFT FOR US, OR CLBED AND PASSED TOO CLOSE TO US SO THAT IT TRIGGERED OUR TCASII.

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.