Narrative:

We were level at FL290, an intermediate altitude, when center cleared us to FL330, provided we could make it in 2 mins. As second in command, and PNF, I acknowledged the call and repeated the data to the captain, adding a statement to the effect that we'd have to do some serious climbing to make 4000 ft in 2 mins. I expected the captain to come back with a rejection of the clearance, but instead he indicated we could make it. Exercising my inquiry skills, I said in effect that a pretty hefty climb rate would be needed for 4000 ft in 2 mins, but he again said no sweat. I thought perhaps he was planning to pull the nose up, use maximum power, and zoom climb. Center called again confirming the climb and I acknowledged the 2 min restr. By now, we had climbed through about FL310, and I indicated with that with less than a min to go, we weren't going to make FL330. At that time the captain realized the situation and agreed that we could not make the restr. He thought we had 10 mins, not 2, to make the climb. I quickly told center that we could not comply and needed a vector for the crossing traffic. Center immediately gave us a turn of 30 degrees left and told us to do the best we could on the climb. About that time, the conflicting traffic called level at FL290, having been in a descent. About 15 seconds later we were passing FL320 when the traffic went directly under us, with 3000 ft separation. Since the standard for separation above FL290 is 4000 ft, I assume some type of 'violation' occurred. The controller thanked the airline crew for their help, with an apparent sigh of relief. He mentioned nothing to us about a problem. I was trying to make cockpit resource management work, but misunderstandings still occur. The captain thought he had plenty of time to make the climb restr, and I thought my statements about the unlikelihood of making the restrs were pretty clear. I suppose I should have stated unequivocally that 'we cannot make 4000 ft in 2 mins, recommend we reject the clearance.'

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Original NASA ASRS Text

Title: FLC OF AN SMT JET FAILED TO MAKE ALT TIME RESTR DUE TO LACK OF ACFT PERFORMANCE OR PLT TECHNIQUE IN OPERATING THE ACFT.

Narrative: WE WERE LEVEL AT FL290, AN INTERMEDIATE ALT, WHEN CTR CLRED US TO FL330, PROVIDED WE COULD MAKE IT IN 2 MINS. AS SECOND IN COMMAND, AND PNF, I ACKNOWLEDGED THE CALL AND REPEATED THE DATA TO THE CAPT, ADDING A STATEMENT TO THE EFFECT THAT WE'D HAVE TO DO SOME SERIOUS CLBING TO MAKE 4000 FT IN 2 MINS. I EXPECTED THE CAPT TO COME BACK WITH A REJECTION OF THE CLRNC, BUT INSTEAD HE INDICATED WE COULD MAKE IT. EXERCISING MY INQUIRY SKILLS, I SAID IN EFFECT THAT A PRETTY HEFTY CLB RATE WOULD BE NEEDED FOR 4000 FT IN 2 MINS, BUT HE AGAIN SAID NO SWEAT. I THOUGHT PERHAPS HE WAS PLANNING TO PULL THE NOSE UP, USE MAX PWR, AND ZOOM CLB. CTR CALLED AGAIN CONFIRMING THE CLB AND I ACKNOWLEDGED THE 2 MIN RESTR. BY NOW, WE HAD CLBED THROUGH ABOUT FL310, AND I INDICATED WITH THAT WITH LESS THAN A MIN TO GO, WE WEREN'T GOING TO MAKE FL330. AT THAT TIME THE CAPT REALIZED THE SIT AND AGREED THAT WE COULD NOT MAKE THE RESTR. HE THOUGHT WE HAD 10 MINS, NOT 2, TO MAKE THE CLB. I QUICKLY TOLD CTR THAT WE COULD NOT COMPLY AND NEEDED A VECTOR FOR THE XING TFC. CTR IMMEDIATELY GAVE US A TURN OF 30 DEGS L AND TOLD US TO DO THE BEST WE COULD ON THE CLB. ABOUT THAT TIME, THE CONFLICTING TFC CALLED LEVEL AT FL290, HAVING BEEN IN A DSCNT. ABOUT 15 SECONDS LATER WE WERE PASSING FL320 WHEN THE TFC WENT DIRECTLY UNDER US, WITH 3000 FT SEPARATION. SINCE THE STANDARD FOR SEPARATION ABOVE FL290 IS 4000 FT, I ASSUME SOME TYPE OF 'VIOLATION' OCCURRED. THE CTLR THANKED THE AIRLINE CREW FOR THEIR HELP, WITH AN APPARENT SIGH OF RELIEF. HE MENTIONED NOTHING TO US ABOUT A PROB. I WAS TRYING TO MAKE COCKPIT RESOURCE MGMNT WORK, BUT MISUNDERSTANDINGS STILL OCCUR. THE CAPT THOUGHT HE HAD PLENTY OF TIME TO MAKE THE CLB RESTR, AND I THOUGHT MY STATEMENTS ABOUT THE UNLIKELIHOOD OF MAKING THE RESTRS WERE PRETTY CLR. I SUPPOSE I SHOULD HAVE STATED UNEQUIVOCALLY THAT 'WE CANNOT MAKE 4000 FT IN 2 MINS, RECOMMEND WE REJECT THE CLRNC.'

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.