Narrative:

Location: 35 mi southeast pjg VOR. After being handed off from miq center to curacao, we were given the clearance to climb to and maintain FL350 to be level by 20 mi southeast of pjg. We computed the climb required and determined the aircraft could comply. We verified 20 mi. Controller agreed. The aircraft could comply with 10 mi to spare. At 35 mi from pjg on A310, climbing, we got a TCASII, traffic alert. We noted that the aircraft was 2200 ft above us and descending. I told curacao control that we had the traffic in sight, even though we were not advised the controller said that that aircraft (Y) was supposed to be at FL370, and was talking to miq center. We ended up passing within 7 mi and 800 ft vertical from aircraft Y. I contacted miq center and found out that aircraft Y was cleared from FL370 to FL130. I told the miq controller that he had violated his separation required. Aircraft Y defended the action and said, we had you on the TCASII and varied their descent to avoid the direct conflict. I told aircraft Y on the frequency that just because a controller gives you a clearance, you are obligated to adjust as necessary if the clearance was given in error. He said he had been cleared direct to an arrival point just northwest of miq. The controller admitted he made an error.

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Original NASA ASRS Text

Title: OPERROR NEAR PJG, FO.

Narrative: LOCATION: 35 MI SE PJG VOR. AFTER BEING HANDED OFF FROM MIQ CTR TO CURACAO, WE WERE GIVEN THE CLRNC TO CLB TO AND MAINTAIN FL350 TO BE LEVEL BY 20 MI SE OF PJG. WE COMPUTED THE CLB REQUIRED AND DETERMINED THE ACFT COULD COMPLY. WE VERIFIED 20 MI. CTLR AGREED. THE ACFT COULD COMPLY WITH 10 MI TO SPARE. AT 35 MI FROM PJG ON A310, CLBING, WE GOT A TCASII, TFC ALERT. WE NOTED THAT THE ACFT WAS 2200 FT ABOVE US AND DSNDING. I TOLD CURACAO CTL THAT WE HAD THE TFC IN SIGHT, EVEN THOUGH WE WERE NOT ADVISED THE CTLR SAID THAT THAT ACFT (Y) WAS SUPPOSED TO BE AT FL370, AND WAS TALKING TO MIQ CTR. WE ENDED UP PASSING WITHIN 7 MI AND 800 FT VERT FROM ACFT Y. I CONTACTED MIQ CTR AND FOUND OUT THAT ACFT Y WAS CLRED FROM FL370 TO FL130. I TOLD THE MIQ CTLR THAT HE HAD VIOLATED HIS SEPARATION REQUIRED. ACFT Y DEFENDED THE ACTION AND SAID, WE HAD YOU ON THE TCASII AND VARIED THEIR DSCNT TO AVOID THE DIRECT CONFLICT. I TOLD ACFT Y ON THE FREQ THAT JUST BECAUSE A CTLR GIVES YOU A CLRNC, YOU ARE OBLIGATED TO ADJUST AS NECESSARY IF THE CLRNC WAS GIVEN IN ERROR. HE SAID HE HAD BEEN CLRED DIRECT TO AN ARR POINT JUST NW OF MIQ. THE CTLR ADMITTED HE MADE AN ERROR.

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.