B757-200 crew and BE300 had less than legal spacing in ZMA class a.

Attributes
ACN	521439
Time
Date	200108
Day	Mon
Local Time Of Day	0601 To 1200
Place
Locale Reference	intersection : joses
State Reference	FL
Altitude	msl bound lower : 28000 msl bound upper : 29000
Aircraft 1
Controlling Facilities	artcc : zma.artcc tower : eko.tower
Operator	common carrier : air carrier
Make Model Name	B757-200
Operating Under FAR Part	Part 121
Flight Phase	cruise : level
Flight Plan	IFR
Aircraft 2
Controlling Facilities	artcc : zma.artcc artcc : mteg.artcc
Make Model Name	A300
Operating Under FAR Part	Part 121
Flight Phase	cruise : level
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
ASRS Report	521439
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : multi engine pilot : commercial pilot : instrument
ASRS Report	521440
Events
Anomaly	altitude deviation : excursion from assigned altitude non adherence : published procedure non adherence : required legal separation non adherence : far
Independent Detector	aircraft equipment : tcas other controllera
Resolutory Action	controller : issued alert controller : issued new clearance controller : separated traffic flight crew : returned to assigned altitude flight crew : took evasive action
Supplementary
Problem Areas	ATC Human Performance FAA
Primary Problem	ATC Human Performance
Air Traffic Incident	Inter Facility Coordination Failure Operational Error
Situations
ATC Facility	procedure or policy : mteg.artcc

Narrative:

Near miss. We checked in with mia at joses and mia advised us that we had traffic at our 12 O'clock position, at our altitude sbound that he wasn't talking to. ATC asked us to turn right to avoid the traffic. He then came back and asked us to turn right faster, which we did. While in the turn, we received a TA of traffic. Then we received an RA of climb, which we responded to. We ended up climbing to around 29000 ft before receiving a 'monitor vertical speed, monitor vertical speed.' after the traffic was clear we returned to FL280, our assigned altitude. The aircraft that was at the wrong altitude head to head with us was an A300. It would be nice if someone found whoever was at the control of this aircraft and explain to them how they violated their clearance and almost drove straight into us. I suspect that they were given a clearance to climb to FL280 by port au prince and climbed to FL280 while still in miami's airspace putting themselves head to head with us. We were 10-20 mi into miami's airspace when this occurred.

Original NASA ASRS Text

Title: B757-200 CREW AND BE300 HAD LESS THAN LEGAL SPACING IN ZMA CLASS A.

Narrative: NEAR MISS. WE CHKED IN WITH MIA AT JOSES AND MIA ADVISED US THAT WE HAD TFC AT OUR 12 O'CLOCK POS, AT OUR ALT SBOUND THAT HE WASN'T TALKING TO. ATC ASKED US TO TURN R TO AVOID THE TFC. HE THEN CAME BACK AND ASKED US TO TURN R FASTER, WHICH WE DID. WHILE IN THE TURN, WE RECEIVED A TA OF TFC. THEN WE RECEIVED AN RA OF CLB, WHICH WE RESPONDED TO. WE ENDED UP CLBING TO AROUND 29000 FT BEFORE RECEIVING A 'MONITOR VERT SPD, MONITOR VERT SPD.' AFTER THE TFC WAS CLR WE RETURNED TO FL280, OUR ASSIGNED ALT. THE ACFT THAT WAS AT THE WRONG ALT HEAD TO HEAD WITH US WAS AN A300. IT WOULD BE NICE IF SOMEONE FOUND WHOEVER WAS AT THE CTL OF THIS ACFT AND EXPLAIN TO THEM HOW THEY VIOLATED THEIR CLRNC AND ALMOST DROVE STRAIGHT INTO US. I SUSPECT THAT THEY WERE GIVEN A CLRNC TO CLB TO FL280 BY PORT AU PRINCE AND CLBED TO FL280 WHILE STILL IN MIAMI'S AIRSPACE PUTTING THEMSELVES HEAD TO HEAD WITH US. WE WERE 10-20 MI INTO MIAMI'S AIRSPACE WHEN THIS OCCURRED.

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.