Narrative:

A language barrier apparently caused a loss of separation between my aircraft and a foreign operated transport. While we were in wbound cruise flight at FL310 we observed a large white aircraft at our 1 O'clock position. The TCASII showed him to be at our altitude. The controller was heard to issue descent instructions to the sbound air carrier Y (to FL290) with only the broken english response 'air carrier Y.' the exchange occurred several times as we observed the air carrier Y approaching our flight path at our altitude. As the air carrier Y was not descending as instructed and was visually on a collision course with us, I disengaged the autoplt and immediately initiated a climb to FL320 to avoid the approaching aircraft. I advised the controller, who told us to also turn 30 degrees to the left for traffic. As I began the maneuver, we received a TCASII advisory 'traffic, traffic.' because I had initiated evasive action already, we did not receive a TCASII RA. The first officer observed the air carrier Y to pass under us at approximately 700-1000 ft. Once clear of the traffic, I initiated a descent back to FL310 and advised the controller. He said that he couldn't get the air carrier Y to 'do what he wanted' and thanked us. Had we not been as observant of our surroundings, I believe that our separation would have been much less. Because of the broken english responses of the air carrier Y, I feel that a language barrier played a role in the air carrier Y's failure to comply with its clearance. Fortunately, we were outside at the time, and were prepared before a TCASII alert (RA) was given.

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Original NASA ASRS Text

Title: LIMITED LANGUAGE SKILLS SUSPECTED AS BEING THE CAUSE OF NON COMPLIANCE WITH ISSUED CLRNC RESULTING IN A TFC CONFLICT.

Narrative: A LANGUAGE BARRIER APPARENTLY CAUSED A LOSS OF SEPARATION BTWN MY ACFT AND A FOREIGN OPERATED TRANSPORT. WHILE WE WERE IN WBOUND CRUISE FLT AT FL310 WE OBSERVED A LARGE WHITE ACFT AT OUR 1 O'CLOCK POS. THE TCASII SHOWED HIM TO BE AT OUR ALT. THE CTLR WAS HEARD TO ISSUE DSCNT INSTRUCTIONS TO THE SBOUND ACR Y (TO FL290) WITH ONLY THE BROKEN ENGLISH RESPONSE 'ACR Y.' THE EXCHANGE OCCURRED SEVERAL TIMES AS WE OBSERVED THE ACR Y APCHING OUR FLT PATH AT OUR ALT. AS THE ACR Y WAS NOT DSNDING AS INSTRUCTED AND WAS VISUALLY ON A COLLISION COURSE WITH US, I DISENGAGED THE AUTOPLT AND IMMEDIATELY INITIATED A CLB TO FL320 TO AVOID THE APCHING ACFT. I ADVISED THE CTLR, WHO TOLD US TO ALSO TURN 30 DEGS TO THE L FOR TFC. AS I BEGAN THE MANEUVER, WE RECEIVED A TCASII ADVISORY 'TFC, TFC.' BECAUSE I HAD INITIATED EVASIVE ACTION ALREADY, WE DID NOT RECEIVE A TCASII RA. THE FO OBSERVED THE ACR Y TO PASS UNDER US AT APPROX 700-1000 FT. ONCE CLR OF THE TFC, I INITIATED A DSCNT BACK TO FL310 AND ADVISED THE CTLR. HE SAID THAT HE COULDN'T GET THE ACR Y TO 'DO WHAT HE WANTED' AND THANKED US. HAD WE NOT BEEN AS OBSERVANT OF OUR SURROUNDINGS, I BELIEVE THAT OUR SEPARATION WOULD HAVE BEEN MUCH LESS. BECAUSE OF THE BROKEN ENGLISH RESPONSES OF THE ACR Y, I FEEL THAT A LANGUAGE BARRIER PLAYED A ROLE IN THE ACR Y'S FAILURE TO COMPLY WITH ITS CLRNC. FORTUNATELY, WE WERE OUTSIDE AT THE TIME, AND WERE PREPARED BEFORE A TCASII ALERT (RA) WAS GIVEN.

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.