Air carrier medium large transport climbs above assigned altitude and creates a potential conflict w...

Attributes
ACN	370287
Time
Date	199705
Day	Tue
Local Time Of Day	0601 To 1200
Place
Locale Reference	airport : ewr
State Reference	NJ
Altitude	msl bound lower : 5000 msl bound upper : 5750
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
Navigation In Use	Other Other
Flight Phase	climbout : intermediate altitude
Route In Use	departure other departure sid : sid enroute : on vectors
Flight Plan	IFR
Aircraft 2
Operator	common carrier : air carrier
Make Model Name	Commercial Fixed Wing
Operating Under FAR Part	Part 121
Flight Phase	cruise other cruise other
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : instrument pilot : commercial pilot : atp pilot : flight engineer
Experience	flight time last 90 days : 245 flight time total : 10250 flight time type : 8325
ASRS Report	370287
Person 2
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Events
Anomaly	altitude deviation : overshoot conflict : airborne less severe non adherence : clearance non adherence : required legal separation other anomaly other
Independent Detector	aircraft equipment other aircraft equipment : unspecified other controllera
Resolutory Action	controller : issued new clearance flight crew : took evasive action other
Consequence	Other
Miss Distance	horizontal : 1020 vertical : 800
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation other

Narrative:

Takeoff from ewr, ewr-fll, on runway 22R in VFR conditions. I, as the first officer, was the PF. While performing the neward 6 departure, in a right turn to 220 degrees, about 1000 ft MSL, departure control gave us a vector and altitude change. I understood the vector, but missed the altitude assignment. The captain turned the altitude arming knob on the FMS to 7000 ft, but did not arm it, and left his hand on the knob. I was manually flying, and asked him if we were cleared to 7000 ft. When he didn't answer I looked at him and saw he was holding the microphone to his lips, about to ask departure control to clarify, but the frequency was extremely congested. I slowed the rate of climb, engaged the autoplt, and then pointed to the altitude arming window. The captain still gave no response to me, but continued waiting for a break in the radio chatter. Going through 5000 ft I noticed traffic on the TCASII at 12 O'clock and began scanning outside again. At about 5750 ft we received an RA to 'descend' at about 2000 FPM. While complying with it, departure control asked for our present altitude. The captain responded with our present altitude, and the fact we were responding to an RA. About now, I saw the traffic at about 2 O'clock, and it passed off our right side. We were now at 5000 ft MSL. Departure control said we were not cleared 'that high' (above 5000 ft), and the RA was due to our non compliance. He shortly cleared us to a higher altitude. I believe this problem was preventable: 1) I could have leveled off at the last known altitude assignment (5000 ft) rather than continuing to climb. 2) the captain could have left the altitude arming knob alone until being sure of the next cleared altitude. 3) I'm not sure what happened with the altitude readback, but either the controller did not wait for a readback, or when it was read back he did not hear it read back incorrectly. (I think it was the former.) extreme radio congestion and controller workload may need to be reduced with more departure sectors and controllers.

Original NASA ASRS Text

Title: ACR MLG CLBS ABOVE ASSIGNED ALT AND CREATES A POTENTIAL CONFLICT WITH OTHER ACFT. PIC WAS UNABLE TO VERIFY THE GIVEN ALT ACCOUNT TOO MUCH TFC AND CTLR'S CONSTANT STREAM OF CLRNCS.

Narrative: TKOF FROM EWR, EWR-FLL, ON RWY 22R IN VFR CONDITIONS. I, AS THE FO, WAS THE PF. WHILE PERFORMING THE NEWARD 6 DEP, IN A R TURN TO 220 DEGS, ABOUT 1000 FT MSL, DEP CTL GAVE US A VECTOR AND ALT CHANGE. I UNDERSTOOD THE VECTOR, BUT MISSED THE ALT ASSIGNMENT. THE CAPT TURNED THE ALT ARMING KNOB ON THE FMS TO 7000 FT, BUT DID NOT ARM IT, AND LEFT HIS HAND ON THE KNOB. I WAS MANUALLY FLYING, AND ASKED HIM IF WE WERE CLRED TO 7000 FT. WHEN HE DIDN'T ANSWER I LOOKED AT HIM AND SAW HE WAS HOLDING THE MICROPHONE TO HIS LIPS, ABOUT TO ASK DEP CTL TO CLARIFY, BUT THE FREQ WAS EXTREMELY CONGESTED. I SLOWED THE RATE OF CLB, ENGAGED THE AUTOPLT, AND THEN POINTED TO THE ALT ARMING WINDOW. THE CAPT STILL GAVE NO RESPONSE TO ME, BUT CONTINUED WAITING FOR A BREAK IN THE RADIO CHATTER. GOING THROUGH 5000 FT I NOTICED TFC ON THE TCASII AT 12 O'CLOCK AND BEGAN SCANNING OUTSIDE AGAIN. AT ABOUT 5750 FT WE RECEIVED AN RA TO 'DSND' AT ABOUT 2000 FPM. WHILE COMPLYING WITH IT, DEP CTL ASKED FOR OUR PRESENT ALT. THE CAPT RESPONDED WITH OUR PRESENT ALT, AND THE FACT WE WERE RESPONDING TO AN RA. ABOUT NOW, I SAW THE TFC AT ABOUT 2 O'CLOCK, AND IT PASSED OFF OUR R SIDE. WE WERE NOW AT 5000 FT MSL. DEP CTL SAID WE WERE NOT CLRED 'THAT HIGH' (ABOVE 5000 FT), AND THE RA WAS DUE TO OUR NON COMPLIANCE. HE SHORTLY CLRED US TO A HIGHER ALT. I BELIEVE THIS PROB WAS PREVENTABLE: 1) I COULD HAVE LEVELED OFF AT THE LAST KNOWN ALT ASSIGNMENT (5000 FT) RATHER THAN CONTINUING TO CLB. 2) THE CAPT COULD HAVE LEFT THE ALT ARMING KNOB ALONE UNTIL BEING SURE OF THE NEXT CLRED ALT. 3) I'M NOT SURE WHAT HAPPENED WITH THE ALT READBACK, BUT EITHER THE CTLR DID NOT WAIT FOR A READBACK, OR WHEN IT WAS READ BACK HE DID NOT HEAR IT READ BACK INCORRECTLY. (I THINK IT WAS THE FORMER.) EXTREME RADIO CONGESTION AND CTLR WORKLOAD MAY NEED TO BE REDUCED WITH MORE DEP SECTORS AND CTLRS.

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 medium large transport climbs above assigned altitude and creates a potential conflict with other aircraft. PIC was unable to verify the given altitude account too much traffic and controller's constant stream of clrncs.