Narrative:

While climbing to initial altitude of 6000 ft, cvg departure control gave us climb clearance to 8000 ft. Shortly thereafter, they cleared us to 13000 ft. A few seconds after getting the clearance to 13000 ft, ATC told us suddenly to expedite our climb (not to a particular altitude though). Climbing through approximately 6000 ft at approximately +3800-4000 FPM, we received a TA alerting us to traffic above us (approximately 1000 ft above). Almost instantaneously the TA became an RA commanding us to descend. Immediately lowering the nose and reducing power to idle, I promptly began to transition the aircraft from an almost 4000 FPM climb, to the commanded -1500 FPM descent. While passing through approximately 0 FPM vsi in the descent transition, the RA quickly changed to say, 'increase descent.' as such, we increased the descent rate more, and suddenly viewed the RA aircraft within 300 ft of us, passing off our right side. Several seconds later, we heard the 'clear of conflict' aural, and transitioned from our descent back to a climb (now at approximately 4400 ft MSL). Only then did ATC call out our traffic to us as it passed off our right side. We informed them that that was quite a close call, that we had responded to an RA, and were now at 4400 ft resuming the climb. ATC responded simply, 'roger.' I feel that when seeing the potential conflict well before we did (as we were in IMC), ATC should have vectored one or both aircraft to increase spacing, or had one of us perform a quick leveloff. By trying to have us expedite the climb, it brought our 2 aircraft even closer to each other, and forced an evasive maneuver to escape. Fortunately our TCASII system was not deferred on this flight, as it provided the critical information that allowed us to respond appropriately and in a timely manner. Supplemental information from acn 477509: throughout all of this, I'm straining to catch a glimpse of the other traffic and did finally as the clouds broke. The other traffic was less than 1/4 mi in front of us climbing left to right. Upon reaching approximately 4500 ft the TCASII announced 'clear of conflict.' we promptly notified ATC of the RA and our altitude deviation. Passenger felt this maneuver, but no injuries. No explanation was given to us by ATC and we were handed off to center shortly thereafter. What I feel could have been done to avoid this situation from what I was seeing on the TCASII display would have been to have us turn 15-20 degrees left or right or have one of us leveloff until the other one had passed by. The controller never should have gambled the way he did by betting that our plane could out perform the other.

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Original NASA ASRS Text

Title: CL65 CREW OFF CVG, IN HIGH RATE OF CLB TO 13000 FT, RECEIVE TCASII RA TO DSND AND AVOID A DO328 IN A CLB.

Narrative: WHILE CLBING TO INITIAL ALT OF 6000 FT, CVG DEP CTL GAVE US CLB CLRNC TO 8000 FT. SHORTLY THEREAFTER, THEY CLRED US TO 13000 FT. A FEW SECONDS AFTER GETTING THE CLRNC TO 13000 FT, ATC TOLD US SUDDENLY TO EXPEDITE OUR CLB (NOT TO A PARTICULAR ALT THOUGH). CLBING THROUGH APPROX 6000 FT AT APPROX +3800-4000 FPM, WE RECEIVED A TA ALERTING US TO TFC ABOVE US (APPROX 1000 FT ABOVE). ALMOST INSTANTANEOUSLY THE TA BECAME AN RA COMMANDING US TO DSND. IMMEDIATELY LOWERING THE NOSE AND REDUCING PWR TO IDLE, I PROMPTLY BEGAN TO TRANSITION THE ACFT FROM AN ALMOST 4000 FPM CLB, TO THE COMMANDED -1500 FPM DSCNT. WHILE PASSING THROUGH APPROX 0 FPM VSI IN THE DSCNT TRANSITION, THE RA QUICKLY CHANGED TO SAY, 'INCREASE DSCNT.' AS SUCH, WE INCREASED THE DSCNT RATE MORE, AND SUDDENLY VIEWED THE RA ACFT WITHIN 300 FT OF US, PASSING OFF OUR R SIDE. SEVERAL SECONDS LATER, WE HEARD THE 'CLR OF CONFLICT' AURAL, AND TRANSITIONED FROM OUR DSCNT BACK TO A CLB (NOW AT APPROX 4400 FT MSL). ONLY THEN DID ATC CALL OUT OUR TFC TO US AS IT PASSED OFF OUR R SIDE. WE INFORMED THEM THAT THAT WAS QUITE A CLOSE CALL, THAT WE HAD RESPONDED TO AN RA, AND WERE NOW AT 4400 FT RESUMING THE CLB. ATC RESPONDED SIMPLY, 'ROGER.' I FEEL THAT WHEN SEEING THE POTENTIAL CONFLICT WELL BEFORE WE DID (AS WE WERE IN IMC), ATC SHOULD HAVE VECTORED ONE OR BOTH ACFT TO INCREASE SPACING, OR HAD ONE OF US PERFORM A QUICK LEVELOFF. BY TRYING TO HAVE US EXPEDITE THE CLB, IT BROUGHT OUR 2 ACFT EVEN CLOSER TO EACH OTHER, AND FORCED AN EVASIVE MANEUVER TO ESCAPE. FORTUNATELY OUR TCASII SYS WAS NOT DEFERRED ON THIS FLT, AS IT PROVIDED THE CRITICAL INFO THAT ALLOWED US TO RESPOND APPROPRIATELY AND IN A TIMELY MANNER. SUPPLEMENTAL INFO FROM ACN 477509: THROUGHOUT ALL OF THIS, I'M STRAINING TO CATCH A GLIMPSE OF THE OTHER TFC AND DID FINALLY AS THE CLOUDS BROKE. THE OTHER TFC WAS LESS THAN 1/4 MI IN FRONT OF US CLBING L TO R. UPON REACHING APPROX 4500 FT THE TCASII ANNOUNCED 'CLR OF CONFLICT.' WE PROMPTLY NOTIFIED ATC OF THE RA AND OUR ALTDEV. PAX FELT THIS MANEUVER, BUT NO INJURIES. NO EXPLANATION WAS GIVEN TO US BY ATC AND WE WERE HANDED OFF TO CTR SHORTLY THEREAFTER. WHAT I FEEL COULD HAVE BEEN DONE TO AVOID THIS SIT FROM WHAT I WAS SEEING ON THE TCASII DISPLAY WOULD HAVE BEEN TO HAVE US TURN 15-20 DEGS L OR R OR HAVE ONE OF US LEVELOFF UNTIL THE OTHER ONE HAD PASSED BY. THE CTLR NEVER SHOULD HAVE GAMBLED THE WAY HE DID BY BETTING THAT OUR PLANE COULD OUT PERFORM THE OTHER.

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.