Reporter observes on his TCASII another air carrier climb through his altitude without clearance.

Attributes
ACN	327495
Time
Date	199602
Day	Tue
Local Time Of Day	0001 To 0600
Place
Locale Reference	atc facility : sbbk
State Reference	FO
Altitude	msl bound lower : 35000 msl bound upper : 35000
Environment
Flight Conditions	VMC
Light	Night
Aircraft 1
Controlling Facilities	artcc : sbbk
Operator	common carrier : air carrier
Make Model Name	B767-300 and 300 ER
Operating Under FAR Part	Part 121
Navigation In Use	Other Other
Flight Phase	cruise other
Flight Plan	IFR
Aircraft 2
Operator	common carrier : air carrier
Make Model Name	Commercial Fixed Wing
Operating Under FAR Part	other : other
Flight Phase	climbout : intermediate altitude
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : atp
Experience	flight time last 90 days : 150 flight time total : 14000 flight time type : 3300
ASRS Report	327495
Person 2
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Events
Anomaly	other anomaly other
Independent Detector	aircraft equipment other aircraft equipment : unspecified
Resolutory Action	none taken : unable
Consequence	Other
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation
Situations
ATC Facility	procedure or policy : unspecified

Narrative:

On the night of feb/tue/96 I was first officer on an air carrier a flight, a B767-300, from sao paulo, brazil, to jfk international, ny. While in cruise northbound in a non radar environment, approximately 100 NM south of lonas intersection on airway UA312, we observed overtaking traffic on TCASII 40 mi behind us at FL280. The traffic commenced a slow climb through our altitude to FL370, where it remained briefly before descending to FL280 where it passed us a short while later. Attempts to contact belem center on VHF and the aircraft on blind broadcast frequency were unsuccessful. Later on subsequent center frequencys, we determined the aircraft to be an air carrier B flight. This event illustrates an increasing trend in south american flying. Certain unprofessional operators routinely change altitude in a non radar environment without ATC clearance to avoid WX or to conserve fuel. In this case WX was not a factor, but the flight was overheard asking for a higher flight level to avoid a fuel stop. In this situation, standard separation was violated by the air carrier B flight. Recommendation: keep your TCASII on, your eyes and ears open.

Original NASA ASRS Text

Title: RPTR OBSERVES ON HIS TCASII ANOTHER ACR CLB THROUGH HIS ALT WITHOUT CLRNC.

Narrative: ON THE NIGHT OF FEB/TUE/96 I WAS FO ON AN ACR A FLT, A B767-300, FROM SAO PAULO, BRAZIL, TO JFK INTL, NY. WHILE IN CRUISE NBOUND IN A NON RADAR ENVIRONMENT, APPROX 100 NM S OF LONAS INTXN ON AIRWAY UA312, WE OBSERVED OVERTAKING TFC ON TCASII 40 MI BEHIND US AT FL280. THE TFC COMMENCED A SLOW CLB THROUGH OUR ALT TO FL370, WHERE IT REMAINED BRIEFLY BEFORE DSNDING TO FL280 WHERE IT PASSED US A SHORT WHILE LATER. ATTEMPTS TO CONTACT BELEM CTR ON VHF AND THE ACFT ON BLIND BROADCAST FREQ WERE UNSUCCESSFUL. LATER ON SUBSEQUENT CTR FREQS, WE DETERMINED THE ACFT TO BE AN ACR B FLT. THIS EVENT ILLUSTRATES AN INCREASING TREND IN SOUTH AMERICAN FLYING. CERTAIN UNPROFESSIONAL OPERATORS ROUTINELY CHANGE ALT IN A NON RADAR ENVIRONMENT WITHOUT ATC CLRNC TO AVOID WX OR TO CONSERVE FUEL. IN THIS CASE WX WAS NOT A FACTOR, BUT THE FLT WAS OVERHEARD ASKING FOR A HIGHER FLT LEVEL TO AVOID A FUEL STOP. IN THIS SIT, STANDARD SEPARATION WAS VIOLATED BY THE ACR B FLT. RECOMMENDATION: KEEP YOUR TCASII ON, YOUR EYES AND EARS OPEN.

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.