Loss of separation involving an air carrier B727 and a private turbo commander at the same altitude.

Attributes
ACN	385426
Time
Date	199711
Day	Sat
Local Time Of Day	0601 To 1200
Place
Locale Reference	atc facility : lye
State Reference	FO
Altitude	msl bound lower : 24000 msl bound upper : 24000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : saeu
Operator	common carrier : air carrier
Make Model Name	B727 Undifferentiated or Other Model
Operating Under FAR Part	Part 121
Flight Phase	cruise other
Route In Use	enroute airway : saeu
Flight Plan	IFR
Aircraft 2
Operator	general aviation : personal
Make Model Name	Israel Aircraft Undifferentiated or Other Model
Operating Under FAR Part	Part 91
Flight Phase	cruise other
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 88 flight time total : 8000 flight time type : 1500
ASRS Report	385426
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : instrument pilot : commercial
Events
Anomaly	conflict : airborne less severe non adherence : required legal separation non adherence : published procedure
Independent Detector	other flight crewa
Resolutory Action	none taken : anomaly accepted
Consequence	Other
Miss Distance	horizontal : 2000 vertical : 0
Supplementary
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Error

Narrative:

Flying from buenos aires, argentina, to santiago, chile (saez direct scel), FL240, we passed a turbo commander at the same altitude, same direction, same airway. This occurred over lye VOR. We passed approximately 1/2 mi to his right. ATC was notified (ezeiza control), at which point she cleared the turbo commander to FL220. I believe the commander had been previously cleared at FL240, and that it was a controller mistake -- but it is difficult to be sure as they were communicating in spanish. The solution to prevent this occurrence in the future is painfully simple: mandate that cargo aircraft be equipped with TCASII, as are passenger transport category aircraft.

Original NASA ASRS Text

Title: LOSS OF SEPARATION INVOLVING AN ACR B727 AND A PVT TURBO COMMANDER AT THE SAME ALT.

Narrative: FLYING FROM BUENOS AIRES, ARGENTINA, TO SANTIAGO, CHILE (SAEZ DIRECT SCEL), FL240, WE PASSED A TURBO COMMANDER AT THE SAME ALT, SAME DIRECTION, SAME AIRWAY. THIS OCCURRED OVER LYE VOR. WE PASSED APPROX 1/2 MI TO HIS R. ATC WAS NOTIFIED (EZEIZA CTL), AT WHICH POINT SHE CLRED THE TURBO COMMANDER TO FL220. I BELIEVE THE COMMANDER HAD BEEN PREVIOUSLY CLRED AT FL240, AND THAT IT WAS A CTLR MISTAKE -- BUT IT IS DIFFICULT TO BE SURE AS THEY WERE COMMUNICATING IN SPANISH. THE SOLUTION TO PREVENT THIS OCCURRENCE IN THE FUTURE IS PAINFULLY SIMPLE: MANDATE THAT CARGO ACFT BE EQUIPPED WITH TCASII, AS ARE PAX TRANSPORT CATEGORY ACFT.

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.