Narrative:

First officer flying, climbing through approximately 12500 ft, ZMA (124.1) advised us of VFR traffic at 13500 ft. We were climbing to FL230. Traffic was observed on TCASII between 12 - 1 O'clock at approximately 6-8 mi and closing. I told the controller that we would or could level off at 13000 ft. He issued us a left turn from approximately a 340 degree heading to a 270 degree heading. As we were establishing the turn we received a TCASII RA to climb. The first officer established a positive climb attitude, RA requirement was between 1500-1800 FPM climb. Almost immediately after our climb was established, we received an RA to descend. We continued our climbing left turn. As we were in our climbing left turn, I selected the 6 mi range on my TCASII indictor from the 12 mi range. The other aircraft was within the small inner ring. After a couple of calls to ZMA, the only comment he had about the traffic was that orl approach had or was handling that traffic. I may have caused the controller a momentary delay in issuing instructions by saying that we would or could level off at 13000 ft. I should have taken control of the aircraft from the first officer and leveled off at 13000 ft and advised the controller of my action and asked for further instruction. I do not understand why the controller put us in the position to climb through the altitude of the other aircraft, causing us to have to make decisions on how to avoid a midair collision.

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Original NASA ASRS Text

Title: FLC CLBING TO FL230 IN DC9 AND IN CONTACT WITH ZMA RECEIVE TA ABOUT VFR TFC AT 13500 FT. THE CTLR STARTS A VECTOR AWAY FROM THE TFC. THE CREW THEN RECEIVES A TCASII RA AND TAKES EVASIVE CLB ACTION. APPARENTLY ANOTHER ACFT SETS OFF THE TCASII AND THE CREW RECEIVE A DSND COMMAND.

Narrative: FO FLYING, CLBING THROUGH APPROX 12500 FT, ZMA (124.1) ADVISED US OF VFR TFC AT 13500 FT. WE WERE CLBING TO FL230. TFC WAS OBSERVED ON TCASII BTWN 12 - 1 O'CLOCK AT APPROX 6-8 MI AND CLOSING. I TOLD THE CTLR THAT WE WOULD OR COULD LEVEL OFF AT 13000 FT. HE ISSUED US A L TURN FROM APPROX A 340 DEG HDG TO A 270 DEG HDG. AS WE WERE ESTABLISHING THE TURN WE RECEIVED A TCASII RA TO CLB. THE FO ESTABLISHED A POSITIVE CLB ATTITUDE, RA REQUIREMENT WAS BTWN 1500-1800 FPM CLB. ALMOST IMMEDIATELY AFTER OUR CLB WAS ESTABLISHED, WE RECEIVED AN RA TO DSND. WE CONTINUED OUR CLBING L TURN. AS WE WERE IN OUR CLBING L TURN, I SELECTED THE 6 MI RANGE ON MY TCASII INDICTOR FROM THE 12 MI RANGE. THE OTHER ACFT WAS WITHIN THE SMALL INNER RING. AFTER A COUPLE OF CALLS TO ZMA, THE ONLY COMMENT HE HAD ABOUT THE TFC WAS THAT ORL APCH HAD OR WAS HANDLING THAT TFC. I MAY HAVE CAUSED THE CTLR A MOMENTARY DELAY IN ISSUING INSTRUCTIONS BY SAYING THAT WE WOULD OR COULD LEVEL OFF AT 13000 FT. I SHOULD HAVE TAKEN CTL OF THE ACFT FROM THE FO AND LEVELED OFF AT 13000 FT AND ADVISED THE CTLR OF MY ACTION AND ASKED FOR FURTHER INSTRUCTION. I DO NOT UNDERSTAND WHY THE CTLR PUT US IN THE POS TO CLB THROUGH THE ALT OF THE OTHER ACFT, CAUSING US TO HAVE TO MAKE DECISIONS ON HOW TO AVOID A MIDAIR COLLISION.

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.