With english as his second language, pilot thought he was cleared to lower altitude when PNF was off frequency. He began descent and TCASII called traffic before coordination with ATC revealed proper altitude.

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Attributes
ACN	443585
Time
Date	199907
Day	Sat
Local Time Of Day	1201 To 1800
Place
Locale Reference	airport : orf.airport
State Reference	VA
Altitude	msl bound lower : 5700 msl bound upper : 6000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : orf.tracon
Operator	common carrier : air carrier
Make Model Name	Jetstream 32
Operating Under FAR Part	Part 119
Flight Phase	descent : intermediate altitude
Flight Plan	IFR
Aircraft 2
Controlling Facilities	tracon : orf.tracon
Operator	Other
Make Model Name	PA-34-200 Seneca I
Operating Under FAR Part	Part 91
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : instrument pilot : commercial pilot : cfi pilot : atp pilot : multi engine
Experience	flight time last 90 days : 200 flight time total : 3900 flight time type : 700
ASRS Report	443585
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : commercial pilot : instrument pilot : multi engine
Events
Anomaly	altitude deviation : excursion from assigned altitude conflict : airborne less severe non adherence : clearance
Independent Detector	aircraft equipment : tcas other controllera other flight crewa
Resolutory Action	flight crew : returned to assigned altitude none taken : anomaly accepted
Miss Distance	horizontal : 10000 vertical : 700
Supplementary
Problem Areas	Flight Crew Human Performance
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

The first officer was PF, the captain was PNF. The destination airport was VFR, with a scattered cloud layer. 10 mins before landing, the PNF 'left' the PF with ATC communications responsibility and contacted company at the destination airport. When the PNF 'returned,' the PF briefed him that we were to descend to 5000 ft. PNF noticed a TCASII target at 11 O'clock, 5 mi, at 5000 ft. PF started a descent to 5000 ft, and PNF asked PF about the traffic at 5000 ft. PF didn't respond. PNF then told PF to level off while PNF queried ATC about clearance. PF leveled off at 5700 ft, and TCASII called 'traffic, traffic.' ATC then stated that the clearance was to maintain 6000 ft. Crew then spotted the traffic about 2-3 NM at the nose, passing left to right. PF returned to 6000 ft. Rest of flight uneventful. I suspect that the fact that the PF was from another country and english was his second language. While his english was apparently quite good, it seemed that the occasional nonstandard phraseology and/or rapid speaking controllers confused him. (I observed this when he was PNF later.) I shall be more wary of such subtleties in the future.

Original NASA ASRS Text

Title: WITH ENGLISH AS HIS SECOND LANGUAGE, PLT THOUGHT HE WAS CLRED TO LOWER ALT WHEN PNF WAS OFF FREQ. HE BEGAN DSCNT AND TCASII CALLED TFC BEFORE COORD WITH ATC REVEALED PROPER ALT.

Narrative: THE FO WAS PF, THE CAPT WAS PNF. THE DEST ARPT WAS VFR, WITH A SCATTERED CLOUD LAYER. 10 MINS BEFORE LNDG, THE PNF 'LEFT' THE PF WITH ATC COMS RESPONSIBILITY AND CONTACTED COMPANY AT THE DEST ARPT. WHEN THE PNF 'RETURNED,' THE PF BRIEFED HIM THAT WE WERE TO DSND TO 5000 FT. PNF NOTICED A TCASII TARGET AT 11 O'CLOCK, 5 MI, AT 5000 FT. PF STARTED A DSCNT TO 5000 FT, AND PNF ASKED PF ABOUT THE TFC AT 5000 FT. PF DIDN'T RESPOND. PNF THEN TOLD PF TO LEVEL OFF WHILE PNF QUERIED ATC ABOUT CLRNC. PF LEVELED OFF AT 5700 FT, AND TCASII CALLED 'TFC, TFC.' ATC THEN STATED THAT THE CLRNC WAS TO MAINTAIN 6000 FT. CREW THEN SPOTTED THE TFC ABOUT 2-3 NM AT THE NOSE, PASSING L TO R. PF RETURNED TO 6000 FT. REST OF FLT UNEVENTFUL. I SUSPECT THAT THE FACT THAT THE PF WAS FROM ANOTHER COUNTRY AND ENGLISH WAS HIS SECOND LANGUAGE. WHILE HIS ENGLISH WAS APPARENTLY QUITE GOOD, IT SEEMED THAT THE OCCASIONAL NONSTANDARD PHRASEOLOGY AND/OR RAPID SPEAKING CTLRS CONFUSED HIM. (I OBSERVED THIS WHEN HE WAS PNF LATER.) I SHALL BE MORE WARY OF SUCH SUBTLETIES IN THE FUTURE.

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.