Narrative:

While on a departure climb from visibility to mce, ATC, fat approach, cleared us to 10000 ft and we asked and received direct clovis VOR. As I/we received clovis VOR and heading direct, I noticed on the TCASII, traffic at our 12 - 1 O'clock position and about 2000 ft above us, range was about 4-5 mi. When I first noticed the traffic on TCASII it seemed to be climbing. My plan to avoid the traffic was to level off 1000 ft to 500 ft below the traffic. After visually finding the traffic and then reference the traffic, start my climb, at the time controller was very busy -- a saturday afternoon and all. Unfortunately, we didn't get a chance to tell ATC of my plan to avoid the traffic because he was too busy. After visually acquiring the traffic, I resumed my climb. About the same time we were climbing through 6000 ft or so, the fat ATC controller gave us this traffic. The same traffic we asked him was he at 6000 ft. He said 'yes, but you are cleared to 10000 ft' and he reclred us to 10000 ft. The ATC controller seemed very upset that I stopped my climb for traffic. The ATC controller continued to question us as to why we had leveled off for the traffic. At this time my first officer was at a loss for words, so I called and said, 'sir, I am not going to climb into traffic above me, I have the traffic in my sight and I will maintain visual separation and I have continued my clear reference this traffic. Over!' fortunately, the traffic never came closer than 2 - 2 1/2 mi from us. The ATC controller seemed very upset with us. There was nothing else said about this between us. It would have been nice if we could have gotten a word in to tell the controller we were going to level off reference the traffic. It would have been nice if the controller had time to come up with a plan to turn us 20 degrees left and have us expedite our climb through 7000 ft. I assumed the controller was talking to the aircraft because he was at a coordinated IFR altitude. When we passed the traffic it seemed to be at a level altitude. This was leg #7 for the day. Our crew and me were tired. The cockpit was hot while on the ground. Total duty time was about 12 hours 30 mins up to this leg -- the last leg. Question: is it wrong to level off for traffic based on TCASII alone? On the previous leg with center and bfl approach, we came close to 2 other targets.

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Original NASA ASRS Text

Title: PLT TAKES PRECAUTIONARY AVOIDANCE ACTION FOR TFC PRESENTED ON TCASII AS AN ADVISORY THAT WAS SUBSEQUENTLY SIGHTED. THE CTLR INVOLVED DOESN'T LIKE IT.

Narrative: WHILE ON A DEP CLB FROM VIS TO MCE, ATC, FAT APCH, CLRED US TO 10000 FT AND WE ASKED AND RECEIVED DIRECT CLOVIS VOR. AS I/WE RECEIVED CLOVIS VOR AND HDG DIRECT, I NOTICED ON THE TCASII, TFC AT OUR 12 - 1 O'CLOCK POS AND ABOUT 2000 FT ABOVE US, RANGE WAS ABOUT 4-5 MI. WHEN I FIRST NOTICED THE TFC ON TCASII IT SEEMED TO BE CLBING. MY PLAN TO AVOID THE TFC WAS TO LEVEL OFF 1000 FT TO 500 FT BELOW THE TFC. AFTER VISUALLY FINDING THE TFC AND THEN REF THE TFC, START MY CLB, AT THE TIME CTLR WAS VERY BUSY -- A SATURDAY AFTERNOON AND ALL. UNFORTUNATELY, WE DIDN'T GET A CHANCE TO TELL ATC OF MY PLAN TO AVOID THE TFC BECAUSE HE WAS TOO BUSY. AFTER VISUALLY ACQUIRING THE TFC, I RESUMED MY CLB. ABOUT THE SAME TIME WE WERE CLBING THROUGH 6000 FT OR SO, THE FAT ATC CTLR GAVE US THIS TFC. THE SAME TFC WE ASKED HIM WAS HE AT 6000 FT. HE SAID 'YES, BUT YOU ARE CLRED TO 10000 FT' AND HE RECLRED US TO 10000 FT. THE ATC CTLR SEEMED VERY UPSET THAT I STOPPED MY CLB FOR TFC. THE ATC CTLR CONTINUED TO QUESTION US AS TO WHY WE HAD LEVELED OFF FOR THE TFC. AT THIS TIME MY FO WAS AT A LOSS FOR WORDS, SO I CALLED AND SAID, 'SIR, I AM NOT GOING TO CLB INTO TFC ABOVE ME, I HAVE THE TFC IN MY SIGHT AND I WILL MAINTAIN VISUAL SEPARATION AND I HAVE CONTINUED MY CLR REF THIS TFC. OVER!' FORTUNATELY, THE TFC NEVER CAME CLOSER THAN 2 - 2 1/2 MI FROM US. THE ATC CTLR SEEMED VERY UPSET WITH US. THERE WAS NOTHING ELSE SAID ABOUT THIS BTWN US. IT WOULD HAVE BEEN NICE IF WE COULD HAVE GOTTEN A WORD IN TO TELL THE CTLR WE WERE GOING TO LEVEL OFF REF THE TFC. IT WOULD HAVE BEEN NICE IF THE CTLR HAD TIME TO COME UP WITH A PLAN TO TURN US 20 DEGS L AND HAVE US EXPEDITE OUR CLB THROUGH 7000 FT. I ASSUMED THE CTLR WAS TALKING TO THE ACFT BECAUSE HE WAS AT A COORDINATED IFR ALT. WHEN WE PASSED THE TFC IT SEEMED TO BE AT A LEVEL ALT. THIS WAS LEG #7 FOR THE DAY. OUR CREW AND ME WERE TIRED. THE COCKPIT WAS HOT WHILE ON THE GND. TOTAL DUTY TIME WAS ABOUT 12 HRS 30 MINS UP TO THIS LEG -- THE LAST LEG. QUESTION: IS IT WRONG TO LEVEL OFF FOR TFC BASED ON TCASII ALONE? ON THE PREVIOUS LEG WITH CTR AND BFL APCH, WE CAME CLOSE TO 2 OTHER TARGETS.

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.