Flight crew of an medium large transport took evasive action in response to TCASII warnings by altering its heading around traffic to reduce the collision potential.

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Attributes
ACN	364712
Time
Date	199703
Day	Thu
Local Time Of Day	1201 To 1800
Place
Locale Reference	airport : ewr
State Reference	NJ
Altitude	msl bound lower : 5000 msl bound upper : 5000
Environment
Flight Conditions	VMC
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
Flight Phase	climbout : intermediate altitude
Route In Use	departure other enroute : on vectors
Flight Plan	IFR
Aircraft 2
Make Model Name	Any Unknown or Unlisted Aircraft Manufacturer
Operating Under FAR Part	other : unknown
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : cfi pilot : atp pilot : commercial pilot : flight engineer pilot : instrument
Experience	flight time last 90 days : 150 flight time total : 10000 flight time type : 150
ASRS Report	364712
Person 2
Affiliation	government : faa
Function	controller : departure
Qualification	controller : radar
Events
Anomaly	altitude deviation : excursion from assigned altitude non adherence : clearance other anomaly other
Independent Detector	aircraft equipment other aircraft equipment : unspecified other flight crewa
Resolutory Action	flight crew : took evasive action
Consequence	Other
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

After normal takeoff with climb to 5000 ft the next controller limited our climb to 4000 ft. We were with this controller only a few moments when we were switched to the next and given 5000 ft again. At this point I noticed converging aircraft at the same altitude on TCASII. I moved scale down from 20, to 10, to 5. Departure was talking so fast I couldn't get a word in edgewise to make an inquiry. I estimated that we came within a couple of mi or less at same altitude. We deviated a bit according to what we saw on TCASII, but never saw other aircraft. Subsequently cleared to 10000 ft and 300 degree heading to move us north so we could get over laguardia to merit- bos. Departure person seemed overloaded and agitated. Something similar happened last week. System seems saturated and no chance for slower, deliberate communications. When just one person asked for a clarification on a clearance, the system was thrown into chaos. An electronic uplink to a cathode ray tube that could be acknowledged by pushing a button would reduce radio congestion.

Original NASA ASRS Text

Title: FLC OF AN MLG TOOK EVASIVE ACTION IN RESPONSE TO TCASII WARNINGS BY ALTERING ITS HEADING AROUND TFC TO REDUCE THE COLLISION POTENTIAL.

Narrative: AFTER NORMAL TKOF WITH CLB TO 5000 FT THE NEXT CTLR LIMITED OUR CLB TO 4000 FT. WE WERE WITH THIS CTLR ONLY A FEW MOMENTS WHEN WE WERE SWITCHED TO THE NEXT AND GIVEN 5000 FT AGAIN. AT THIS POINT I NOTICED CONVERGING ACFT AT THE SAME ALT ON TCASII. I MOVED SCALE DOWN FROM 20, TO 10, TO 5. DEP WAS TALKING SO FAST I COULDN'T GET A WORD IN EDGEWISE TO MAKE AN INQUIRY. I ESTIMATED THAT WE CAME WITHIN A COUPLE OF MI OR LESS AT SAME ALT. WE DEVIATED A BIT ACCORDING TO WHAT WE SAW ON TCASII, BUT NEVER SAW OTHER ACFT. SUBSEQUENTLY CLRED TO 10000 FT AND 300 DEG HDG TO MOVE US N SO WE COULD GET OVER LAGUARDIA TO MERIT- BOS. DEP PERSON SEEMED OVERLOADED AND AGITATED. SOMETHING SIMILAR HAPPENED LAST WK. SYS SEEMS SATURATED AND NO CHANCE FOR SLOWER, DELIBERATE COMS. WHEN JUST ONE PERSON ASKED FOR A CLARIFICATION ON A CLRNC, THE SYS WAS THROWN INTO CHAOS. AN ELECTRONIC UPLINK TO A CATHODE RAY TUBE THAT COULD BE ACKNOWLEDGED BY PUSHING A BUTTON WOULD REDUCE RADIO CONGESTION.

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.