Air carrier flight crew experienced less than standard separation with aircraft at non-standard alti...

Attributes
ACN	312249
Time
Date	199508
Day	Fri
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : ccc
State Reference	NY
Altitude	msl bound lower : 12000 msl bound upper : 13000
Environment
Flight Conditions	IMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : n90
Operator	common carrier : air carrier
Make Model Name	Commercial Fixed Wing
Operating Under FAR Part	Part 121
Navigation In Use	Other Other
Flight Phase	cruise other descent other
Route In Use	arrival other arrival star : star enroute : on vectors enroute airway : n90
Flight Plan	IFR
Aircraft 2
Make Model Name	Any Unknown or Unlisted Aircraft Manufacturer
Operating Under FAR Part	other : unknown
Flight Phase	cruise other
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 200 flight time total : 25000 flight time type : 3450
ASRS Report	312249
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : atp
Experience	flight time last 90 days : 210 flight time total : 6000 flight time type : 2500
ASRS Report	312240
Events
Anomaly	altitude deviation : excursion from assigned altitude conflict : airborne less severe non adherence : clearance other anomaly other
Independent Detector	aircraft equipment other aircraft equipment : unspecified
Resolutory Action	controller : issued new clearance flight crew : took evasive action
Consequence	Other
Miss Distance	horizontal : 1000 vertical : 350
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

While approaching jfk over calverton VOR, 12000 ft 250 KTS, ATC advised VFR traffic 12 O'clock 5 mi, 11500 ft. We acknowledged commenting that he must be in the clouds. Visibility was less than 1 mi in and out of clouds in very hazy conditions. TCASII indicated TA. Next ATC issued heading right 280 degrees. I just started the turn, then received a resolution command to 'climb.' I immediately added power and started an aggressive climb advising ATC. We noted that the other aircraft continued climbing, TCASII indicating 11800 ft at highest point. After resolution was satisfied, we leveled around 13000 ft and received a new heading and altitude from ATC. We never did see the other aircraft. There is no way he was maintaining VFR. Supplemental information from acn 312240: plymouth arrival, marginal VMC above cloud deck (in and out) nyc approach called traffic, approximately 20 seconds later TCASII RA sounded. Captain immediately initiated climb. Nyc approach simultaneously assigned heading 280 degrees.

Original NASA ASRS Text

Title: ACR FLC EXPERIENCED LTSS WITH ACFT AT NON-STANDARD ALT IN IMC.

Narrative: WHILE APCHING JFK OVER CALVERTON VOR, 12000 FT 250 KTS, ATC ADVISED VFR TFC 12 O'CLOCK 5 MI, 11500 FT. WE ACKNOWLEDGED COMMENTING THAT HE MUST BE IN THE CLOUDS. VISIBILITY WAS LESS THAN 1 MI IN AND OUT OF CLOUDS IN VERY HAZY CONDITIONS. TCASII INDICATED TA. NEXT ATC ISSUED HDG R 280 DEGS. I JUST STARTED THE TURN, THEN RECEIVED A RESOLUTION COMMAND TO 'CLB.' I IMMEDIATELY ADDED PWR AND STARTED AN AGGRESSIVE CLB ADVISING ATC. WE NOTED THAT THE OTHER ACFT CONTINUED CLBING, TCASII INDICATING 11800 FT AT HIGHEST POINT. AFTER RESOLUTION WAS SATISFIED, WE LEVELED AROUND 13000 FT AND RECEIVED A NEW HDG AND ALT FROM ATC. WE NEVER DID SEE THE OTHER ACFT. THERE IS NO WAY HE WAS MAINTAINING VFR. SUPPLEMENTAL INFO FROM ACN 312240: PLYMOUTH ARR, MARGINAL VMC ABOVE CLOUD DECK (IN AND OUT) NYC APCH CALLED TFC, APPROX 20 SECONDS LATER TCASII RA SOUNDED. CAPT IMMEDIATELY INITIATED CLB. NYC APCH SIMULTANEOUSLY ASSIGNED HDG 280 DEGS.

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.

Air carrier flight crew experienced less than standard separation with aircraft at non-standard altitude in IMC.