Air carrier has TCASII RA near locke intersection, ca, after an advisory by O90 TRACON and a subsequent clearance of the intruding aircraft to climb through the carrier's altitude.

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Attributes
ACN	469170
Time
Date	200004
Day	Sun
Local Time Of Day	1801 To 2400
Place
Locale Reference	intersection : locke
State Reference	CA
Altitude	msl bound lower : 13500 msl bound upper : 14400
Environment
Light	Night
Aircraft 1
Controlling Facilities	tracon : o90.tracon tower : san.tower
Operator	common carrier : air carrier
Make Model Name	MD-80 Super 80
Operating Under FAR Part	Part 121
Navigation In Use	other
Flight Phase	descent : approach
Route In Use	arrival star : locke
Flight Plan	IFR
Aircraft 2
Controlling Facilities	tracon : o90.tracon
Operator	general aviation : personal
Make Model Name	PA-32 Cherokee Six/Lance/Saratoga
Operating Under FAR Part	Part 91
Flight Phase	climbout : vacating altitude
Person 1
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : instrument pilot : multi engine pilot : commercial
ASRS Report	469170
Person 2
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
ASRS Report	469171
Events
Anomaly	altitude deviation : excursion from assigned altitude non adherence : clearance other anomaly other
Independent Detector	other controllerb other flight crewa other flight crewb
Resolutory Action	controller : issued alert controller : issued advisory controller : issued new clearance
Miss Distance	horizontal : 18000 vertical : 0
Supplementary
Problem Areas	ATC Human Performance Flight Crew Human Performance
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Error

Narrative:

When 20 NM east of locke intersection on STAR into oak received traffic alert from bay approach. TCASII confirmed, but captain or I did not have traffic in sight. We were instructed to level off at 13500 ft. When traffic (a piper lance) called having us in sight, bay approach cleared him to climb. He went through out altitude approximately 3 mi (on TCASII) off our right. TCASII instructed us to climb and RA terminated. Seems dangerous to put potential conflict onto judgement of private pilot with unknown experience or judgement.

Original NASA ASRS Text

Title: ACR HAS TCASII RA NEAR LOCKE INTXN, CA, AFTER AN ADVISORY BY O90 TRACON AND A SUBSEQUENT CLRNC OF THE INTRUDING ACFT TO CLB THROUGH THE CARRIER'S ALT.

Narrative: WHEN 20 NM E OF LOCKE INTXN ON STAR INTO OAK RECEIVED TFC ALERT FROM BAY APCH. TCASII CONFIRMED, BUT CAPT OR I DID NOT HAVE TFC IN SIGHT. WE WERE INSTRUCTED TO LEVEL OFF AT 13500 FT. WHEN TFC (A PIPER LANCE) CALLED HAVING US IN SIGHT, BAY APCH CLRED HIM TO CLB. HE WENT THROUGH OUT ALT APPROX 3 MI (ON TCASII) OFF OUR R. TCASII INSTRUCTED US TO CLB AND RA TERMINATED. SEEMS DANGEROUS TO PUT POTENTIAL CONFLICT ONTO JUDGEMENT OF PVT PLT WITH UNKNOWN EXPERIENCE OR JUDGEMENT.

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.