CL65 crew had less than legal separation in orl class B.

Attributes
ACN	532614
Time
Date	200112
Day	Mon
Local Time Of Day	0601 To 1200
Place
Locale Reference	navaid : orl.vortac
State Reference	FL
Altitude	msl single value : 3500
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tower : mco.tower tower : apa.tower
Operator	common carrier : air carrier
Make Model Name	Regional Jet CL65, Undifferentiated or Other Model
Operating Under FAR Part	Part 121
Navigation In Use	other other vortac
Flight Phase	climbout : initial
Route In Use	departure sid : orl
Flight Plan	IFR
Aircraft 2
Controlling Facilities	tracon : mco.tracon
Operator	general aviation : personal
Make Model Name	Skyhawk 172/Cutlass 172
Operating Under FAR Part	Part 91
Flight Phase	cruise : level
Flight Plan	VFR
Person 1
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : multi engine pilot : atp
Experience	flight time last 90 days : 240 flight time total : 3000 flight time type : 1800
ASRS Report	532614
Person 2
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Events
Anomaly	altitude deviation : overshoot conflict : airborne critical non adherence : far non adherence : published procedure non adherence : required legal separation
Independent Detector	aircraft equipment : tcas other flight crewa other flight crewb
Resolutory Action	controller : issued advisory controller : issued new clearance flight crew : took evasive action
Consequence	faa : investigated faa : reviewed incident with flight crew
Miss Distance	horizontal : 3000 vertical : 200
Supplementary
Problem Areas	ATC Human Performance
Primary Problem	ATC Human Performance
Air Traffic Incident	Inter Facility Coordination Failure Operational Error

Narrative:

Holding short of runway 35, mco. ATC issues taxi into position and hold, but may have to move us off the runway. Once on the runway, ATC tells us to exit to the left and standby. The clearance is repeated and ATC soon says he can get us off, and clears us for takeoff. After switching to departure, ATC informs us to level at 3000 ft. We were through 3500 ft at this point following the orl 7 SID up to 5000 ft. We got an RA from the cessna aircraft and maneuvered to avoid a collision. Soon after, we were reclred to 5000 ft and 270 degree heading by ATC. They also said tower was supposed to issue a climb restr to only 3000 ft, but failed to do so.

Original NASA ASRS Text

Title: CL65 CREW HAD LESS THAN LEGAL SEPARATION IN ORL CLASS B.

Narrative: HOLDING SHORT OF RWY 35, MCO. ATC ISSUES TAXI INTO POS AND HOLD, BUT MAY HAVE TO MOVE US OFF THE RWY. ONCE ON THE RWY, ATC TELLS US TO EXIT TO THE L AND STANDBY. THE CLRNC IS REPEATED AND ATC SOON SAYS HE CAN GET US OFF, AND CLRS US FOR TKOF. AFTER SWITCHING TO DEP, ATC INFORMS US TO LEVEL AT 3000 FT. WE WERE THROUGH 3500 FT AT THIS POINT FOLLOWING THE ORL 7 SID UP TO 5000 FT. WE GOT AN RA FROM THE CESSNA ACFT AND MANEUVERED TO AVOID A COLLISION. SOON AFTER, WE WERE RECLRED TO 5000 FT AND 270 DEG HDG BY ATC. THEY ALSO SAID TWR WAS SUPPOSED TO ISSUE A CLB RESTR TO ONLY 3000 FT, BUT FAILED TO DO SO.

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.