B757 flight crew has TCASII TA, levels and has an near midair collision with B727.

Attributes
ACN	329618
Time
Date	199602
Day	Sun
Local Time Of Day	0601 To 1200
Place
Locale Reference	atc facility : paz
State Reference	FO
Altitude	msl bound lower : 17000 msl bound upper : 17000
Aircraft 1
Controlling Facilities	tower : lpb
Operator	common carrier : air carrier
Make Model Name	B757 Undifferentiated or Other Model
Operating Under FAR Part	Part 121
Navigation In Use	Other Other
Flight Phase	climbout : intermediate altitude
Route In Use	enroute : on vectors
Flight Plan	IFR
Aircraft 2
Make Model Name	B727 Undifferentiated or Other Model
Operating Under FAR Part	Part 121
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
ASRS Report	329618
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : instrument pilot : commercial
Events
Anomaly	non adherence : required legal separation other anomaly other
Independent Detector	aircraft equipment other aircraft equipment : unspecified
Resolutory Action	flight crew : took evasive action
Consequence	Other
Supplementary
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Error
Situations
ATC Facility	procedure or policy : unspecified

Narrative:

Location: paz VOR radial 150/12 NM. ATC issued a revised clearance to maintain the paz 150 degree radial and FL240 after takeoff as opposed to previous SID clearance. After established on the 150 degree radial, passing approximately 1700 ft TCASII issued an RA, monitor vertical speed. We slowed our climb to comply as the target aircraft, a B727 passed nearly head-on. Had we been IMC, had the other guy not been squawking, had we not had TCASII, we would have been history. This conflict appears to have been inadvertently caused by ATC which is non radar. South american carriers frequently do not squawk and until very recently, was dispatching without TCASII. We feel very fortunate. Recommend that we continue to push south american carriers to use their IFF squawks. Apparently they think that they are saving maintenance or hiding from ATC by turning them off but the practice leaves us feeling naked as jay birds. Help.

Original NASA ASRS Text

Title: B757 FLC HAS TCASII TA, LEVELS AND HAS AN NMAC WITH B727.

Narrative: LOCATION: PAZ VOR RADIAL 150/12 NM. ATC ISSUED A REVISED CLRNC TO MAINTAIN THE PAZ 150 DEG RADIAL AND FL240 AFTER TKOF AS OPPOSED TO PREVIOUS SID CLRNC. AFTER ESTABLISHED ON THE 150 DEG RADIAL, PASSING APPROX 1700 FT TCASII ISSUED AN RA, MONITOR VERT SPD. WE SLOWED OUR CLB TO COMPLY AS THE TARGET ACFT, A B727 PASSED NEARLY HEAD-ON. HAD WE BEEN IMC, HAD THE OTHER GUY NOT BEEN SQUAWKING, HAD WE NOT HAD TCASII, WE WOULD HAVE BEEN HISTORY. THIS CONFLICT APPEARS TO HAVE BEEN INADVERTENTLY CAUSED BY ATC WHICH IS NON RADAR. SOUTH AMERICAN CARRIERS FREQUENTLY DO NOT SQUAWK AND UNTIL VERY RECENTLY, WAS DISPATCHING WITHOUT TCASII. WE FEEL VERY FORTUNATE. RECOMMEND THAT WE CONTINUE TO PUSH SOUTH AMERICAN CARRIERS TO USE THEIR IFF SQUAWKS. APPARENTLY THEY THINK THAT THEY ARE SAVING MAINT OR HIDING FROM ATC BY TURNING THEM OFF BUT THE PRACTICE LEAVES US FEELING NAKED AS JAY BIRDS. HELP.

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.