Narrative:

Air carrier X from lax to sea. Filed clearance was the gorman 1 to shafter (ehf). Our assigned clearance was 'on departure fly heading 250 degrees for radar vectors to ehf, climb and maintain 2000 ft, departure on 125.2. Our takeoff clearance from tower was 'on departure fly heading 250 degrees, climb and maintain 5000 ft, cleared for takeoff.' the captain who was not flying acknowledged and we began our takeoff. At approximately 1000 ft we were switched to departure control frequency 125.2. Departure (socal) asked us what our clearance was shortly after our check-in. The captain initially said 'gorman 1' and then almost immediately corrected himself to 'radar vectors ehf.' socal then told us to maintain 250 KTS and climb to 13000 ft. The captain acknowledged 13000 ft and he and I both verified 13000 ft verbally and by pointing to the altitude alerter. We then assigned a heading of 310 degrees. Passing 9000 ft we got a TCASII TA for a target Y plus 800 ft, 10 O'clock, 5-10 NM. At the same time, socal asked us to verify our altitude. The captain replied 'assigned 13000 ft.' socal then told us to descend immediately to 9000 ft. By that time we were climbing through 9500 ft at 250 KTS. I aggressively reversed direction topping out at approximately 9850 ft. Before our descent stabilized, we received a TCASII 'climb' RA. I aggressively reversed direction again to follow the pitch command. We bottomed out at about 9400 ft and started another climb. During the RA response I maintained either at or above the pitch command till the TCASII 'clear of conflict' call. Our maximum altitude was 10500 ft. About the time of the 'clear of conflict' call from TCASII, socal directed us to descend to 9000 ft and fly heading 360 degrees. Shortly after leveling at 9000 ft we were switched to another frequency. During the entire event we were IMC with momentary breaks of VMC between layers. Neither the captain nor I saw the other aircraft. During the RA we noted the red intruder target altitude tag of '00' about our 9 O'clock and very close. The other aircraft did see us and reported a near midair collision. Supplemental information from acn 300511: after takeoff we switched to departure. We were told to climb to 13000 ft, and then to turn right to 310 degrees. Controller had just asked us our clearance. His turn to the north put us in conflict with the sadde arrs. The controller apparently did not realize he had cleared us to 13000 ft. (This is normal on a ventura 2 departure). TCASII annunciated 'traffic' and a yellow target was seen at 10 O'clock, 5-10 NM, 800 ft above us. We were climbing through 9000 ft. Socal asked our altitude clearance. I replied 13000 ft. He said descend immediately to 9000 ft. As we pitched over TCASII issued a RA to climb. Copilot aggressively pitched up to TCASII pitch limit. RA changed to 'climb immediately.' during the initial TCASII RA I noticed the red intruder target co-altitude, about our 9 O'clock and very close. We never saw the other aircraft, which was a flight. I understand the other pilot did see us at his 12 O'clock, 1/2 - 1 1/2 mi, and declared a near midair collision. I would agree we came very close. This is not a crew deviation from an altitude clearance. I believe controller confused both our altitude and clearance. While a climb to 13000 ft and a vector north (approximating a gorman departure track) was not the usual, there was nothing to necessarily alarm us about the coming conflict, until TCASII issued a TA. Usually at this point in a gorman, one climbs to 9000 ft, to go under the arrs. The TCASII RA was opposite to the controllers directions. We both knew 13000 ft was not the usual altitude for the departure, perhaps I should have asked him to confirm 13000 ft. However, it is not uncommon to receive a higher climb limit, on various departure.

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Original NASA ASRS Text

Title: ACR X CLB THROUGH OCCUPIED ALT HAD TCASII TA RA LTSS FROM ACR Y. EVASIVE ACTION CLB. SYS ERROR.

Narrative: ACR X FROM LAX TO SEA. FILED CLRNC WAS THE GORMAN 1 TO SHAFTER (EHF). OUR ASSIGNED CLRNC WAS 'ON DEP FLY HDG 250 DEGS FOR RADAR VECTORS TO EHF, CLB AND MAINTAIN 2000 FT, DEP ON 125.2. OUR TKOF CLRNC FROM TWR WAS 'ON DEP FLY HDG 250 DEGS, CLB AND MAINTAIN 5000 FT, CLRED FOR TKOF.' THE CAPT WHO WAS NOT FLYING ACKNOWLEDGED AND WE BEGAN OUR TKOF. AT APPROX 1000 FT WE WERE SWITCHED TO DEP CTL FREQ 125.2. DEP (SOCAL) ASKED US WHAT OUR CLRNC WAS SHORTLY AFTER OUR CHK-IN. THE CAPT INITIALLY SAID 'GORMAN 1' AND THEN ALMOST IMMEDIATELY CORRECTED HIMSELF TO 'RADAR VECTORS EHF.' SOCAL THEN TOLD US TO MAINTAIN 250 KTS AND CLB TO 13000 FT. THE CAPT ACKNOWLEDGED 13000 FT AND HE AND I BOTH VERIFIED 13000 FT VERBALLY AND BY POINTING TO THE ALT ALERTER. WE THEN ASSIGNED A HDG OF 310 DEGS. PASSING 9000 FT WE GOT A TCASII TA FOR A TARGET Y PLUS 800 FT, 10 O'CLOCK, 5-10 NM. AT THE SAME TIME, SOCAL ASKED US TO VERIFY OUR ALT. THE CAPT REPLIED 'ASSIGNED 13000 FT.' SOCAL THEN TOLD US TO DSND IMMEDIATELY TO 9000 FT. BY THAT TIME WE WERE CLBING THROUGH 9500 FT AT 250 KTS. I AGGRESSIVELY REVERSED DIRECTION TOPPING OUT AT APPROX 9850 FT. BEFORE OUR DSCNT STABILIZED, WE RECEIVED A TCASII 'CLB' RA. I AGGRESSIVELY REVERSED DIRECTION AGAIN TO FOLLOW THE PITCH COMMAND. WE BOTTOMED OUT AT ABOUT 9400 FT AND STARTED ANOTHER CLB. DURING THE RA RESPONSE I MAINTAINED EITHER AT OR ABOVE THE PITCH COMMAND TILL THE TCASII 'CLR OF CONFLICT' CALL. OUR MAX ALT WAS 10500 FT. ABOUT THE TIME OF THE 'CLR OF CONFLICT' CALL FROM TCASII, SOCAL DIRECTED US TO DSND TO 9000 FT AND FLY HDG 360 DEGS. SHORTLY AFTER LEVELING AT 9000 FT WE WERE SWITCHED TO ANOTHER FREQ. DURING THE ENTIRE EVENT WE WERE IMC WITH MOMENTARY BREAKS OF VMC BTWN LAYERS. NEITHER THE CAPT NOR I SAW THE OTHER ACFT. DURING THE RA WE NOTED THE RED INTRUDER TARGET ALT TAG OF '00' ABOUT OUR 9 O'CLOCK AND VERY CLOSE. THE OTHER ACFT DID SEE US AND RPTED A NMAC. SUPPLEMENTAL INFO FROM ACN 300511: AFTER TKOF WE SWITCHED TO DEP. WE WERE TOLD TO CLB TO 13000 FT, AND THEN TO TURN R TO 310 DEGS. CTLR HAD JUST ASKED US OUR CLRNC. HIS TURN TO THE N PUT US IN CONFLICT WITH THE SADDE ARRS. THE CTLR APPARENTLY DID NOT REALIZE HE HAD CLRED US TO 13000 FT. (THIS IS NORMAL ON A VENTURA 2 DEP). TCASII ANNUNCIATED 'TFC' AND A YELLOW TARGET WAS SEEN AT 10 O'CLOCK, 5-10 NM, 800 FT ABOVE US. WE WERE CLBING THROUGH 9000 FT. SOCAL ASKED OUR ALT CLRNC. I REPLIED 13000 FT. HE SAID DSND IMMEDIATELY TO 9000 FT. AS WE PITCHED OVER TCASII ISSUED A RA TO CLB. COPLT AGGRESSIVELY PITCHED UP TO TCASII PITCH LIMIT. RA CHANGED TO 'CLB IMMEDIATELY.' DURING THE INITIAL TCASII RA I NOTICED THE RED INTRUDER TARGET CO-ALT, ABOUT OUR 9 O'CLOCK AND VERY CLOSE. WE NEVER SAW THE OTHER ACFT, WHICH WAS A FLT. I UNDERSTAND THE OTHER PLT DID SEE US AT HIS 12 O'CLOCK, 1/2 - 1 1/2 MI, AND DECLARED A NMAC. I WOULD AGREE WE CAME VERY CLOSE. THIS IS NOT A CREW DEV FROM AN ALT CLRNC. I BELIEVE CTLR CONFUSED BOTH OUR ALT AND CLRNC. WHILE A CLB TO 13000 FT AND A VECTOR N (APPROXIMATING A GORMAN DEP TRACK) WAS NOT THE USUAL, THERE WAS NOTHING TO NECESSARILY ALARM US ABOUT THE COMING CONFLICT, UNTIL TCASII ISSUED A TA. USUALLY AT THIS POINT IN A GORMAN, ONE CLBS TO 9000 FT, TO GO UNDER THE ARRS. THE TCASII RA WAS OPPOSITE TO THE CTLRS DIRECTIONS. WE BOTH KNEW 13000 FT WAS NOT THE USUAL ALT FOR THE DEP, PERHAPS I SHOULD HAVE ASKED HIM TO CONFIRM 13000 FT. HOWEVER, IT IS NOT UNCOMMON TO RECEIVE A HIGHER CLB LIMIT, ON VARIOUS DEP.

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.