A gulfstream iv fails to make a crossing altitude because of controller's accent. Flight crew has to...

Attributes
ACN	371211
Time
Date	199706
Day	Fri
Local Time Of Day	1801 To 2400
Place
Locale Reference	atc facility : erl
State Reference	FO
Altitude	msl bound lower : 27400 msl bound upper : 27400
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : eddu
Operator	general aviation : corporate
Make Model Name	Gulfstream IV
Operating Under FAR Part	Part 91
Navigation In Use	Other
Flight Phase	climbout : intermediate altitude
Flight Plan	IFR
Aircraft 2
Make Model Name	Commercial Fixed Wing
Operating Under FAR Part	other : unknown
Flight Phase	cruise other
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : atp
Experience	controller military : 3 controller radar : 3 flight time last 90 days : 154 flight time total : 12995 flight time type : 469
ASRS Report	371211
Person 2
Affiliation	Other
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Events
Anomaly	altitude deviation : crossing restriction not met conflict : airborne less severe non adherence : clearance other anomaly other
Independent Detector	atc equipment other atc equipment : unspecified other controllera
Resolutory Action	none taken : insufficient time
Consequence	Other
Miss Distance	horizontal : 30000 vertical : 1000
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation other

Narrative:

I was the PF, performing sic duties during climb from eddm. About 40 mi south of erl the captain received a restr that we both understood to be, 'cross erl at FL280.' our climb rate was more than adequate to meet the restr. A few mins later the controller asked if we were going to be able to make the restr. The captain responded that it would not be a problem and I concurred. The climb rate was still more than adequate to make erl at FL280. The next call from the controller was a surprise. We were passing 24600 ft and climbing about 2000 FPM when he asked if we were going to make the FL280 in the next 3 mi. I saw a potential conflict on the TCASII and immediately increased the climb rate to 3600 FPM. A short conversation took place between the captain and the controller during which we discovered the climb restr meant by the controller was, 'cross 15 mi south of erl at FL280.' passing FL274, rapidly for FL280, we were issued a descent to FL270. The captain took control of the aircraft and descended to FL270. We were then issued a further descent to FL250. The captain gave control of the aircraft back to me and I descended to FL250 where there were no potential conflicts on the TCASII. At no time did any aircraft cause a TA or RA. The excitement was unnecessary and could have been avoided by: 1) when being issued an ATC clearance or instruction, do not rely on the controller in a non-english speaking country to correct errors from a readback. 2) when ATC issues a restr, inform the pilot the reason for the restr, as specifically as possible. Example: 'cross 15 mi south of erl at FL280, traffic is a B747 converging at your 4 O'clock position, 15 mi, at FL270.' 3) in non-english speaking countries, speak english in a deliberately slow pace on all xmissions, no matter how well they seem to speak english. It will enhance communication.

Original NASA ASRS Text

Title: A GULFSTREAM IV FAILS TO MAKE A XING ALT BECAUSE OF CTLR'S ACCENT. FLC HAS TO DSND TO ELIMINATE A CONFLICT. TCASII CALLED A POTENTIAL TFC CONFLICT SO FLC TAKES EARLY EVASIVE ACTION.

Narrative: I WAS THE PF, PERFORMING SIC DUTIES DURING CLB FROM EDDM. ABOUT 40 MI S OF ERL THE CAPT RECEIVED A RESTR THAT WE BOTH UNDERSTOOD TO BE, 'CROSS ERL AT FL280.' OUR CLB RATE WAS MORE THAN ADEQUATE TO MEET THE RESTR. A FEW MINS LATER THE CTLR ASKED IF WE WERE GOING TO BE ABLE TO MAKE THE RESTR. THE CAPT RESPONDED THAT IT WOULD NOT BE A PROB AND I CONCURRED. THE CLB RATE WAS STILL MORE THAN ADEQUATE TO MAKE ERL AT FL280. THE NEXT CALL FROM THE CTLR WAS A SURPRISE. WE WERE PASSING 24600 FT AND CLBING ABOUT 2000 FPM WHEN HE ASKED IF WE WERE GOING TO MAKE THE FL280 IN THE NEXT 3 MI. I SAW A POTENTIAL CONFLICT ON THE TCASII AND IMMEDIATELY INCREASED THE CLB RATE TO 3600 FPM. A SHORT CONVERSATION TOOK PLACE BTWN THE CAPT AND THE CTLR DURING WHICH WE DISCOVERED THE CLB RESTR MEANT BY THE CTLR WAS, 'CROSS 15 MI S OF ERL AT FL280.' PASSING FL274, RAPIDLY FOR FL280, WE WERE ISSUED A DSCNT TO FL270. THE CAPT TOOK CTL OF THE ACFT AND DSNDED TO FL270. WE WERE THEN ISSUED A FURTHER DSCNT TO FL250. THE CAPT GAVE CTL OF THE ACFT BACK TO ME AND I DSNDED TO FL250 WHERE THERE WERE NO POTENTIAL CONFLICTS ON THE TCASII. AT NO TIME DID ANY ACFT CAUSE A TA OR RA. THE EXCITEMENT WAS UNNECESSARY AND COULD HAVE BEEN AVOIDED BY: 1) WHEN BEING ISSUED AN ATC CLRNC OR INSTRUCTION, DO NOT RELY ON THE CTLR IN A NON-ENGLISH SPEAKING COUNTRY TO CORRECT ERRORS FROM A READBACK. 2) WHEN ATC ISSUES A RESTR, INFORM THE PLT THE REASON FOR THE RESTR, AS SPECIFICALLY AS POSSIBLE. EXAMPLE: 'CROSS 15 MI S OF ERL AT FL280, TFC IS A B747 CONVERGING AT YOUR 4 O'CLOCK POS, 15 MI, AT FL270.' 3) IN NON-ENGLISH SPEAKING COUNTRIES, SPEAK ENGLISH IN A DELIBERATELY SLOW PACE ON ALL XMISSIONS, NO MATTER HOW WELL THEY SEEM TO SPEAK ENGLISH. IT WILL ENHANCE COM.

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.

A gulfstream iv fails to make a crossing altitude because of controller's accent. Flight crew has to descend to eliminate a conflict. TCASII called a potential traffic conflict so flight crew takes early evasive action.