Aircraft Y non adherence to ATC clearance SID had less than standard separation from air carrier X. Possible system error. Pilot deviation.

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Attributes
ACN	292942
Time
Date	199501
Day	Wed
Local Time Of Day	0601 To 1200
Place
Locale Reference	atc facility : bur
State Reference	CA
Altitude	msl bound lower : 3000 msl bound upper : 3000
Environment
Flight Conditions	IMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : bur
Operator	common carrier : air carrier
Make Model Name	Commercial Fixed Wing
Operating Under FAR Part	Part 121
Navigation In Use	Other
Flight Phase	descent : approach
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	climbout : intermediate altitude
Route In Use	departure other
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 230 flight time total : 9000 flight time type : 2500
ASRS Report	292942
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : commercial pilot : instrument
Events
Anomaly	conflict : airborne less severe non adherence : published procedure non adherence : required legal separation other spatial deviation
Independent Detector	aircraft equipment other aircraft equipment : unspecified
Resolutory Action	controller : issued new clearance other
Consequence	Other
Miss Distance	horizontal : 6000 vertical : 800
Supplementary
Primary Problem	ATC Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

Air carrier X had been cleared for the ILS runway 8 approach to bur and were between toaks and silex intxns level at 3500 ft MSL. We observed an aircraft on the TCASII display in the vicinity of budde and just south of the approach course and climbing through 3000 ft. As approached silex the other aircraft was still climbing and not diverging from the approach course. We inquired with approach control about the other aircraft. The controller immediately asked the pilot of the other aircraft his heading. The pilot responded with a long discussion of his interpretation of his SID, but never gave his heading. The controller instructed the pilot to turn immediately to a southwest heading. He acknowledged the heading and continued to climb through 3500 ft. Crossing silex we descended quickly to 3000 ft. We passed about 1 mi abeam at 3000 ft with TCASII indicating the other aircraft at 3900 ft. The other pilot was flying the SID out of vny incorrectly. The ATC controller was not watching his course closely.

Original NASA ASRS Text

Title: ACFT Y NON ADHERENCE TO ATC CLRNC SID HAD LTSS FROM ACR X. POSSIBLE SYS ERROR. PLTDEV.

Narrative: ACR X HAD BEEN CLRED FOR THE ILS RWY 8 APCH TO BUR AND WERE BTWN TOAKS AND SILEX INTXNS LEVEL AT 3500 FT MSL. WE OBSERVED AN ACFT ON THE TCASII DISPLAY IN THE VICINITY OF BUDDE AND JUST S OF THE APCH COURSE AND CLBING THROUGH 3000 FT. AS APCHED SILEX THE OTHER ACFT WAS STILL CLBING AND NOT DIVERGING FROM THE APCH COURSE. WE INQUIRED WITH APCH CTL ABOUT THE OTHER ACFT. THE CTLR IMMEDIATELY ASKED THE PLT OF THE OTHER ACFT HIS HDG. THE PLT RESPONDED WITH A LONG DISCUSSION OF HIS INTERP OF HIS SID, BUT NEVER GAVE HIS HDG. THE CTLR INSTRUCTED THE PLT TO TURN IMMEDIATELY TO A SW HDG. HE ACKNOWLEDGED THE HDG AND CONTINUED TO CLB THROUGH 3500 FT. XING SILEX WE DSNDED QUICKLY TO 3000 FT. WE PASSED ABOUT 1 MI ABEAM AT 3000 FT WITH TCASII INDICATING THE OTHER ACFT AT 3900 FT. THE OTHER PLT WAS FLYING THE SID OUT OF VNY INCORRECTLY. THE ATC CTLR WAS NOT WATCHING HIS COURSE CLOSELY.

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.