Narrative:

My co-pilot filed a flight plan from ZZZ to ZZZ1 and received clearance to climb through rvsm airspace even though we were not rvsm equipped. After takeoff, we were held at FL280 for approximately 400 NM. After requesting a higher altitude, oceanic control said they would get back to us. We believed a higher clearance was coming. Looking at the FMS, it appeared we would not have enough fuel to make the mainland at FL280. Believing a higher clearance would be coming, we began an unauthorized 500 ft per min climb. After about 20 mins and several more requests by us for a higher approved flight level than FL280, we leveled off at 35000 ft, a flight level we believed was out of the way of other traffic. Approximately 20 mins later, we observed a commercial airliner going around us off our left wing. After listening to conversations between oceanic control and other airliners, it was clear we were interfering with traffic. We then offset ourselves a couple of miles off the airway and started our descent. While descending, oceanic cleared us to FL320 where we halted our descent and leveled off. A bad decision was made to climb without clearance. Not understanding completely the fuel projection mechanism of the FMS also contributed to the bad decision. We should have explained our fuel issue to oceanic and waited or turned back to hawaii for fuel and refiled. Supplemental information from acn 569955: I was flying as second in command. This airplane is non-rvsm. This airplane does not carry enough fuel to safely complete this flight with required fuel reserves at an altitude below the rvsm airspace. ATC initially assigned us a cruise altitude of FL280. At this low altitude the captain felt we would not have enough range to make it to ca. We were down at FL280 for about an hour when the captain decided that we must climb now to get an altitude where our aircraft would have the range to safely complete the flight (reduced fuel burn and stronger tailwinds). He initiated an unauthorized gradual climb to approximately FL370. We were on a one-way airway and did not know what traffic we would affect behind us. We know now that this was not a safe thing to do and regret this decision. This event could have been prevented if we would have known before takeoff that ATC was not going to allow us to climb into rvsm right away. Another factor in this event was the crew's ignorance of rvsm airspace and airborne navigation equipment requirements. We knew we were not rvsm equipped, we had never heard of RNP5, so we told ATC we were not. It turns out that we were RNP5 equipped and qualified. Supplemental information from acn 569435: we came upon the lear some time later. The aircraft was well above us, on the centerline of 'C' track. TCAS showed the target with no altitude readout. I would estimate his altitude to have been FL400. After we flew under he displaced slightly off track to the south and then later descended. Supplemental information from acn 569862: after switching to en route frequencys past cluts we heard another air carrier on 123.45 reporting a near miss with a learjet crossing his altitude on climb out. We were at FL390 and our TCAS began showing traffic approximately 20 NM ahead with no altitude readout on R465. As we closed on aircraft we picked up his contrail visually co-altitude. Aircraft would not respond to calls on common or guard. Approximately 4-5 miles in trail we deviated left of track to avoid the learjet by a safe margin. Had we not acquired the lear visually we my have hit him. As we passed him he began a climb above FL390. We called oak center to report incident. Oak said he had a lear reporting FL280. Supplemental information from acn 569875: position was overhead clure heading eastbound on track R465 at mach 80 in rvsm airspace, level at FL360. We had a near midair with a same-direction learjet who was climbing fast from a position beneath our nose and slightly to the right. The learjet climbed through our altitude and close-abeam to our right. He disappeared from sight above and behind our position. At the nearest approach, our wingtip to wingtip clearance was approximately 300-500 ft laterally, and zero ft vertically. He appeared oblivious to the near miss and did not communicate intentions on monitored guard and air to air frequencys. There appeared to be no compliance with standardized pacific rvsm track deviation procedures. The first officer initially spotted the learjet visually just beneath our nose and to the right and closing fast. Evasive maneuvering was ineffective in opening the distance before the threat had passed abeam and through our altitude. We received no TCAS, TA or RA warnings, or ATC traffic alerts. Other aircraft also reported the learjet dark on their TCAS screens. We reported the rogue aircraft to hnl center and then to oakland center. When the learjet reported level at FL280 over clure and citta, concurrent PIREPS from other aircraft observed him varying track offsets and altitudes between FL320 and FL405. The learjet later received an HF clearance from sfo radio to climb and maintain FL320. The learjet was observed to descend to FL320.

Google
 

Original NASA ASRS Text

Title: LEAR 36 FLT CREW HAS ALT EXCURSION DURING TRANSPAC CROSSING, ZOA, R465, AND CONFLICTS WITH OTHER, SAME DIRECTION ACFT AS THE LEAR CLBS FROM FL280 TO FL405, THEN DOWN TO FL320.

Narrative: MY CO-PLT FILED A FLT PLAN FROM ZZZ TO ZZZ1 AND RECEIVED CLRNC TO CLB THROUGH RVSM AIRSPACE EVEN THOUGH WE WERE NOT RVSM EQUIPPED. AFTER TKOF, WE WERE HELD AT FL280 FOR APPROX 400 NM. AFTER REQUESTING A HIGHER ALT, OCEANIC CTL SAID THEY WOULD GET BACK TO US. WE BELIEVED A HIGHER CLRNC WAS COMING. LOOKING AT THE FMS, IT APPEARED WE WOULD NOT HAVE ENOUGH FUEL TO MAKE THE MAINLAND AT FL280. BELIEVING A HIGHER CLRNC WOULD BE COMING, WE BEGAN AN UNAUTHORIZED 500 FT PER MIN CLB. AFTER ABOUT 20 MINS AND SEVERAL MORE REQUESTS BY US FOR A HIGHER APPROVED FLT LEVEL THAN FL280, WE LEVELED OFF AT 35000 FT, A FLT LEVEL WE BELIEVED WAS OUT OF THE WAY OF OTHER TFC. APPROX 20 MINS LATER, WE OBSERVED A COMMERCIAL AIRLINER GOING AROUND US OFF OUR L WING. AFTER LISTENING TO CONVERSATIONS BTWN OCEANIC CTL AND OTHER AIRLINERS, IT WAS CLR WE WERE INTERFERING WITH TFC. WE THEN OFFSET OURSELVES A COUPLE OF MILES OFF THE AIRWAY AND STARTED OUR DSCNT. WHILE DSNDING, OCEANIC CLRED US TO FL320 WHERE WE HALTED OUR DSCNT AND LEVELED OFF. A BAD DECISION WAS MADE TO CLB WITHOUT CLRNC. NOT UNDERSTANDING COMPLETELY THE FUEL PROJECTION MECHANISM OF THE FMS ALSO CONTRIBUTED TO THE BAD DECISION. WE SHOULD HAVE EXPLAINED OUR FUEL ISSUE TO OCEANIC AND WAITED OR TURNED BACK TO HAWAII FOR FUEL AND REFILED. SUPPLEMENTAL INFO FROM ACN 569955: I WAS FLYING AS SECOND IN COMMAND. THIS AIRPLANE IS NON-RVSM. THIS AIRPLANE DOES NOT CARRY ENOUGH FUEL TO SAFELY COMPLETE THIS FLT WITH REQUIRED FUEL RESERVES AT AN ALT BELOW THE RVSM AIRSPACE. ATC INITIALLY ASSIGNED US A CRUISE ALT OF FL280. AT THIS LOW ALT THE CAPT FELT WE WOULD NOT HAVE ENOUGH RANGE TO MAKE IT TO CA. WE WERE DOWN AT FL280 FOR ABOUT AN HOUR WHEN THE CAPT DECIDED THAT WE MUST CLB NOW TO GET AN ALT WHERE OUR ACFT WOULD HAVE THE RANGE TO SAFELY COMPLETE THE FLT (REDUCED FUEL BURN AND STRONGER TAILWINDS). HE INITIATED AN UNAUTHORIZED GRADUAL CLB TO APPROX FL370. WE WERE ON A ONE-WAY AIRWAY AND DID NOT KNOW WHAT TFC WE WOULD AFFECT BEHIND US. WE KNOW NOW THAT THIS WAS NOT A SAFE THING TO DO AND REGRET THIS DECISION. THIS EVENT COULD HAVE BEEN PREVENTED IF WE WOULD HAVE KNOWN BEFORE TKOF THAT ATC WAS NOT GOING TO ALLOW US TO CLB INTO RVSM RIGHT AWAY. ANOTHER FACTOR IN THIS EVENT WAS THE CREW'S IGNORANCE OF RVSM AIRSPACE AND AIRBORNE NAV EQUIPMENT REQUIREMENTS. WE KNEW WE WERE NOT RVSM EQUIPPED, WE HAD NEVER HEARD OF RNP5, SO WE TOLD ATC WE WERE NOT. IT TURNS OUT THAT WE WERE RNP5 EQUIPPED AND QUALIFIED. SUPPLEMENTAL INFO FROM ACN 569435: WE CAME UPON THE LEAR SOME TIME LATER. THE ACFT WAS WELL ABOVE US, ON THE CENTERLINE OF 'C' TRACK. TCAS SHOWED THE TARGET WITH NO ALT READOUT. I WOULD ESTIMATE HIS ALT TO HAVE BEEN FL400. AFTER WE FLEW UNDER HE DISPLACED SLIGHTLY OFF TRACK TO THE S AND THEN LATER DSNDED. SUPPLEMENTAL INFO FROM ACN 569862: AFTER SWITCHING TO ENRTE FREQS PAST CLUTS WE HEARD ANOTHER ACR ON 123.45 RPTING A NEAR MISS WITH A LEARJET XING HIS ALT ON CLBOUT. WE WERE AT FL390 AND OUR TCAS BEGAN SHOWING TFC APPROX 20 NM AHEAD WITH NO ALT READOUT ON R465. AS WE CLOSED ON ACFT WE PICKED UP HIS CONTRAIL VISUALLY CO-ALT. ACFT WOULD NOT RESPOND TO CALLS ON COMMON OR GUARD. APPROX 4-5 MILES IN TRAIL WE DEVIATED L OF TRACK TO AVOID THE LEARJET BY A SAFE MARGIN. HAD WE NOT ACQUIRED THE LEAR VISUALLY WE MY HAVE HIT HIM. AS WE PASSED HIM HE BEGAN A CLB ABOVE FL390. WE CALLED OAK CENTER TO RPT INCIDENT. OAK SAID HE HAD A LEAR RPTING FL280. SUPPLEMENTAL INFO FROM ACN 569875: POS WAS OVERHEAD CLURE HEADING EBND ON TRACK R465 AT MACH 80 IN RVSM AIRSPACE, LEVEL AT FL360. WE HAD A NEAR MIDAIR WITH A SAME-DIRECTION LEARJET WHO WAS CLBING FAST FROM A POSITION BENEATH OUR NOSE AND SLIGHTLY TO THE RIGHT. THE LEARJET CLBED THROUGH OUR ALT AND CLOSE-ABEAM TO OUR R. HE DISAPPEARED FROM SIGHT ABOVE AND BEHIND OUR POS. AT THE NEAREST APCH, OUR WINGTIP TO WINGTIP CLRNC WAS APPROX 300-500 FT LATERALLY, AND ZERO FT VERTICALLY. HE APPEARED OBLIVIOUS TO THE NEAR MISS AND DID NOT COMMUNICATE INTENTIONS ON MONITORED GUARD AND AIR TO AIR FREQS. THERE APPEARED TO BE NO COMPLIANCE WITH STANDARDIZED PACIFIC RVSM TRACK DEVIATION PROCS. THE FO INITIALLY SPOTTED THE LEARJET VISUALLY JUST BENEATH OUR NOSE AND TO THE R AND CLOSING FAST. EVASIVE MANEUVERING WAS INEFFECTIVE IN OPENING THE DISTANCE BEFORE THE THREAT HAD PASSED ABEAM AND THROUGH OUR ALT. WE RECEIVED NO TCAS, TA OR RA WARNINGS, OR ATC TFC ALERTS. OTHER ACFT ALSO RPTED THE LEARJET DARK ON THEIR TCAS SCREENS. WE RPTED THE ROGUE ACFT TO HNL CENTER AND THEN TO OAKLAND CENTER. WHEN THE LEARJET RPTED LEVEL AT FL280 OVER CLURE AND CITTA, CONCURRENT PIREPS FROM OTHER ACFT OBSERVED HIM VARYING TRACK OFFSETS AND ALTS BTWN FL320 AND FL405. THE LEARJET LATER RECEIVED AN HF CLRNC FROM SFO RADIO TO CLB AND MAINTAIN FL320. THE LEARJET WAS OBSERVED TO DSND TO FL320.

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.