GLF5 crew does not reach FL410 in 4 mins as instructed and conflicts with traffic at FL390.

Attributes
ACN	576117
Time
Date	200303
Day	Wed
Local Time Of Day	1201 To 1800
Place
Locale Reference	navaid : ihd.vortac
State Reference	IN
Altitude	msl single value : 39000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zob.artcc
Operator	other
Operating Under FAR Part	Part 91
Flight Phase	climbout : intermediate altitude
Flight Plan	IFR
Aircraft 2
Controlling Facilities	artcc : zob.artcc
Make Model Name	Learjet 35
Flight Phase	cruise : level
Flight Plan	IFR
Person 1
Affiliation	government : faa
Function	controller : radar
Qualification	controller : developmental
Experience	controller radar : 2.5
ASRS Report	576117
Person 2
Affiliation	government : faa
Function	controller : radar
Qualification	controller : radar
Experience	controller military : 5 controller radar : 4.5
ASRS Report	576202
Events
Anomaly	conflict : airborne less severe non adherence : required legal separation non adherence : clearance other anomaly other
Independent Detector	atc equipment : conflict alert atc equipment other atc equipment : radar/mode c other controllera other flight crewa other flight crewb
Resolutory Action	controller : issued new clearance flight crew : took evasive action other
Consequence	faa : investigated
Miss Distance	horizontal : 25800 vertical : 1000
Supplementary
Problem Areas	Environmental Factor Flight Crew Human Performance Aircraft ATC Human Performance
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Error

Narrative:

Gave aircraft #1 a time restr to be level at FL410 in 4 mins or less to top traffic at FL390. Aircraft #1 did not comply with the restr. Action taken was not in time to prevent a loss of separation. Supplemental information from acn 576202: use of time restr puts responsibility on aircraft so position confirmation from pilot on time involved is needed.

Original NASA ASRS Text

Title: GLF5 CREW DOES NOT REACH FL410 IN 4 MINS AS INSTRUCTED AND CONFLICTS WITH TFC AT FL390.

Narrative: GAVE ACFT #1 A TIME RESTR TO BE LEVEL AT FL410 IN 4 MINS OR LESS TO TOP TFC AT FL390. ACFT #1 DID NOT COMPLY WITH THE RESTR. ACTION TAKEN WAS NOT IN TIME TO PREVENT A LOSS OF SEPARATION. SUPPLEMENTAL INFO FROM ACN 576202: USE OF TIME RESTR PUTS RESPONSIBILITY ON ACFT SO POS CONFIRMATION FROM PLT ON TIME INVOLVED IS NEEDED.

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.