Narrative:

Approximately 20 mi northwest of miq while in radar contact with svzm control we were cleared direct to lodir after miq VOR, then flight plan route to maintain FL290. Abeam angel intersection we were cleared to FL330. Prior to the point where our direct route from miq VOR to lodir intersected ua 315 from kumut to albog we observed an aircraft on TCASII 40 mi to our left and slowly converging with us. This traffic turned out to be also a B767 which departed mia 6 mins ahead of us, and was also at FL330. We were able to maintain visual contact with him at all times. First officer was in 80 mi range on his HSI, first officer was the relief pilot in the captain seat as captain had started his crew rest. It appeared the aircraft was drifting our way and svzm control was questioned about the traffic, they stated it was on a different route. First officer went to the 10 mi scale and stated that if the traffic breaks the 5 mi arc he would start a climb. Soon after that the traffic came inside the 5 mi arc and first officer started a climb. At approximately 34200 ft the traffic passed under and slightly in front of our aircraft. At about this time captain returned to the cockpit to inquire about the altitude change. There was no TA or RA at any time. We were then able to establish radio contact with the 767 on 130.55. They confirmed they were on their assigned route and altitude. After we were clear of traffic we advised svzm control of the incident and asked what altitude they wanted us to maintain. They indicated we could stay at FL350. We asked them 3 times about our altitude and they seemed indifferent and had no idea of what was going on. At this time first officer explained to svzm control in spanish what had happened and they cleared us to FL330. Even after being told in spanish, they did not seem to feel what had happened was a problem.

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Original NASA ASRS Text

Title: FLC OF AN WDB CLBED OFF ASSIGNED CRUISING ALT IN RESPONSE TO TCASII AND OTHER ACFT SIGHTING.

Narrative: APPROX 20 MI NW OF MIQ WHILE IN RADAR CONTACT WITH SVZM CTL WE WERE CLRED DIRECT TO LODIR AFTER MIQ VOR, THEN FLT PLAN RTE TO MAINTAIN FL290. ABEAM ANGEL INTXN WE WERE CLRED TO FL330. PRIOR TO THE POINT WHERE OUR DIRECT RTE FROM MIQ VOR TO LODIR INTERSECTED UA 315 FROM KUMUT TO ALBOG WE OBSERVED AN ACFT ON TCASII 40 MI TO OUR L AND SLOWLY CONVERGING WITH US. THIS TFC TURNED OUT TO BE ALSO A B767 WHICH DEPARTED MIA 6 MINS AHEAD OF US, AND WAS ALSO AT FL330. WE WERE ABLE TO MAINTAIN VISUAL CONTACT WITH HIM AT ALL TIMES. FO WAS IN 80 MI RANGE ON HIS HSI, FO WAS THE RELIEF PLT IN THE CAPT SEAT AS CAPT HAD STARTED HIS CREW REST. IT APPEARED THE ACFT WAS DRIFTING OUR WAY AND SVZM CTL WAS QUESTIONED ABOUT THE TFC, THEY STATED IT WAS ON A DIFFERENT RTE. FO WENT TO THE 10 MI SCALE AND STATED THAT IF THE TFC BREAKS THE 5 MI ARC HE WOULD START A CLB. SOON AFTER THAT THE TFC CAME INSIDE THE 5 MI ARC AND FO STARTED A CLB. AT APPROX 34200 FT THE TFC PASSED UNDER AND SLIGHTLY IN FRONT OF OUR ACFT. AT ABOUT THIS TIME CAPT RETURNED TO THE COCKPIT TO INQUIRE ABOUT THE ALT CHANGE. THERE WAS NO TA OR RA AT ANY TIME. WE WERE THEN ABLE TO ESTABLISH RADIO CONTACT WITH THE 767 ON 130.55. THEY CONFIRMED THEY WERE ON THEIR ASSIGNED RTE AND ALT. AFTER WE WERE CLR OF TFC WE ADVISED SVZM CTL OF THE INCIDENT AND ASKED WHAT ALT THEY WANTED US TO MAINTAIN. THEY INDICATED WE COULD STAY AT FL350. WE ASKED THEM 3 TIMES ABOUT OUR ALT AND THEY SEEMED INDIFFERENT AND HAD NO IDEA OF WHAT WAS GOING ON. AT THIS TIME FO EXPLAINED TO SVZM CTL IN SPANISH WHAT HAD HAPPENED AND THEY CLRED US TO FL330. EVEN AFTER BEING TOLD IN SPANISH, THEY DID NOT SEEM TO FEEL WHAT HAD HAPPENED WAS A PROB.

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.