A CL601 challenger was given a direct to larri intersection, then a climb to FL370. This placed the ...

Attributes
ACN	381201
Time
Date	199709
Day	Tue
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : cyn
State Reference	NJ
Altitude	msl bound lower : 33500 msl bound upper : 37000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zny
Operator	general aviation : corporate
Make Model Name	Challenger CL601
Operating Under FAR Part	Part 91
Navigation In Use	Other
Flight Phase	climbout : intermediate altitude
Route In Use	enroute : direct
Flight Plan	IFR
Aircraft 2
Operator	common carrier : air carrier
Make Model Name	Any Unknown or Unlisted Aircraft Manufacturer
Operating Under FAR Part	other : unknown
Flight Phase	cruise other
Flight Plan	IFR
Person 1
Affiliation	Other
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 50 flight time total : 8900 flight time type : 900
ASRS Report	381201
Person 2
Affiliation	Other
Function	flight crew : first officer
Qualification	pilot : commercial pilot : instrument
Events
Anomaly	conflict : airborne less severe non adherence : published procedure non adherence : required legal separation other anomaly other other spatial deviation
Independent Detector	aircraft equipment other aircraft equipment : unspecified
Resolutory Action	flight crew : took evasive action none taken : anomaly accepted
Consequence	Other
Miss Distance	horizontal : 0 vertical : 1500
Supplementary
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Error

Narrative:

While climbing out of teterboro en route to st louis on J80 we were given 'climb to FL390' by ZNY (frequency 132.1) and we were cleared 'direct larri.' shortly thereafter we were given an amended altitude of FL370 and a frequency change to 134.47. At this point we were climbing out of about FL310. Upon initial call up to frequency 134.47 we received no response. Believing that the controller was busy as often happens, we would wait a min or two then try to call him back. Climbing through FL330 the first officer (PF) noticed traffic 12 O'clock position, level at FL350. (He saw the traffic on TCASII. We never saw the traffic visually.) he called my attention to the traffic which was approximately 10-15 mi directly in front of us and appeared to be closing rapidly. I immediately commanded him to 'stop climbing -- hold your altitude,' he leveled off at FL335. I tried to call center again to verify our last clearance to climb to FL370. This time center answered but informed me we had the wrong frequency -- to return to my previous frequency (132.1) which I did. They then gave me a new frequency of 133.47 (not 134.47). When I called 133.47 to check on, I asked them to verify our climb to FL370. He said we could climb to FL390 now and proceed direct larri. I told the controller about the traffic I saw on TCASII and asked if we were given the correct clearance. He said we should have been given 'climb to FL370 then direct larri' and that we got 'a little closer than we normally like' to the other aircraft at FL350. (By this time we had already passed underneath the traffic.) if we would not have seen the traffic on our TCASII monitor I am certain we would have been close enough to receive an RA had we not stopped our climb. If we would not have paid the extra money to install the TCASII system 2 yrs ago -- who knows what may have happened. I love TCASII -- again.

Original NASA ASRS Text

Title: A CL601 CHALLENGER WAS GIVEN A DIRECT TO LARRI INTXN, THEN A CLB TO FL370. THIS PLACED THE ACFT IN THE PATH OF AN OPPOSITE DIRECTION ACR AT FL350. AFTER THE FREQS WERE SORTED OUT IT WAS FOUND THAT THE CLRNC SHOULD HAVE BEEN CLB TO FL370 AND THEN DIRECT LARRI INTXN. RPTR HAD THE OTHER ACFT ON HIS TCASII AND STOPPED THE CLB.

Narrative: WHILE CLBING OUT OF TETERBORO ENRTE TO ST LOUIS ON J80 WE WERE GIVEN 'CLB TO FL390' BY ZNY (FREQ 132.1) AND WE WERE CLRED 'DIRECT LARRI.' SHORTLY THEREAFTER WE WERE GIVEN AN AMENDED ALT OF FL370 AND A FREQ CHANGE TO 134.47. AT THIS POINT WE WERE CLBING OUT OF ABOUT FL310. UPON INITIAL CALL UP TO FREQ 134.47 WE RECEIVED NO RESPONSE. BELIEVING THAT THE CTLR WAS BUSY AS OFTEN HAPPENS, WE WOULD WAIT A MIN OR TWO THEN TRY TO CALL HIM BACK. CLBING THROUGH FL330 THE FO (PF) NOTICED TFC 12 O'CLOCK POS, LEVEL AT FL350. (HE SAW THE TFC ON TCASII. WE NEVER SAW THE TFC VISUALLY.) HE CALLED MY ATTN TO THE TFC WHICH WAS APPROX 10-15 MI DIRECTLY IN FRONT OF US AND APPEARED TO BE CLOSING RAPIDLY. I IMMEDIATELY COMMANDED HIM TO 'STOP CLBING -- HOLD YOUR ALT,' HE LEVELED OFF AT FL335. I TRIED TO CALL CTR AGAIN TO VERIFY OUR LAST CLRNC TO CLB TO FL370. THIS TIME CTR ANSWERED BUT INFORMED ME WE HAD THE WRONG FREQ -- TO RETURN TO MY PREVIOUS FREQ (132.1) WHICH I DID. THEY THEN GAVE ME A NEW FREQ OF 133.47 (NOT 134.47). WHEN I CALLED 133.47 TO CHK ON, I ASKED THEM TO VERIFY OUR CLB TO FL370. HE SAID WE COULD CLB TO FL390 NOW AND PROCEED DIRECT LARRI. I TOLD THE CTLR ABOUT THE TFC I SAW ON TCASII AND ASKED IF WE WERE GIVEN THE CORRECT CLRNC. HE SAID WE SHOULD HAVE BEEN GIVEN 'CLB TO FL370 THEN DIRECT LARRI' AND THAT WE GOT 'A LITTLE CLOSER THAN WE NORMALLY LIKE' TO THE OTHER ACFT AT FL350. (BY THIS TIME WE HAD ALREADY PASSED UNDERNEATH THE TFC.) IF WE WOULD NOT HAVE SEEN THE TFC ON OUR TCASII MONITOR I AM CERTAIN WE WOULD HAVE BEEN CLOSE ENOUGH TO RECEIVE AN RA HAD WE NOT STOPPED OUR CLB. IF WE WOULD NOT HAVE PAID THE EXTRA MONEY TO INSTALL THE TCASII SYS 2 YRS AGO -- WHO KNOWS WHAT MAY HAVE HAPPENED. I LOVE TCASII -- AGAIN.

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.