B767-300 crew and a light twin had less than legal separation in mia class east. TCASII gave an RA even though it was supposed to be MEL'ed inoperative.

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Attributes
ACN	596614
Time
Date	200310
Day	Tue
Local Time Of Day	1201 To 1800
Place
Locale Reference	navaid : fll.vor
State Reference	FL
Altitude	msl single value : 5000
Environment
Flight Conditions	Mixed
Weather Elements	Turbulence
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : mia.tracon tower : lwm.tower
Operator	common carrier : air carrier
Make Model Name	B767-300 and 300 ER
Operating Under FAR Part	Part 121
Navigation In Use	other
Flight Phase	climbout : intermediate altitude
Route In Use	departure : on vectors
Flight Plan	IFR
Aircraft 2
Controlling Facilities	tracon : mia.tracon
Make Model Name	Small Aircraft, Low Wing, 2 Eng, Retractable Gear
Flight Phase	cruise : level
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 200 flight time total : 16900 flight time type : 5000
ASRS Report	596614
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Events
Anomaly	aircraft equipment problem : less severe maintenance problem : non compliance with mel non adherence : far non adherence : published procedure non adherence : required legal separation other anomaly other
Independent Detector	aircraft equipment : tcas other flight crewa other flight crewb
Resolutory Action	other
Miss Distance	horizontal : 6000 vertical : 200
Supplementary
Problem Areas	Aircraft Maintenance Human Performance ATC Human Performance Company
Primary Problem	ATC Human Performance
Air Traffic Incident	other

Narrative:

While being vectored for departure from fll we got an RA and took evasive action, ATC was notified of altitude and heading deviation. We were given a new altitude and clearance to deviate. It is estimated we missed a light twin by 200 ft and 1-2 mi. Of particular note in this situation was the fact that the TCASII had been written up and deferred. The write up was that volume of warning was too low and almost unavailable. I heard a sound but did not recognize it as the TCASII warning. What I did see was the visual depiction go from yellow square to red a circle. I then followed the visual avoidance commands. Our maintenance procedures call for the system to be deactivated. In this situation, as captain, I was remiss in not checking our maintenance manual when the mechanics were finished during preflight. Due to numerous write-ups first officer was unable to get in seat until just before pushback. Even though the audio didn't work, the visual saved the day. Our procedures do not allow for partial operation.

Original NASA ASRS Text

Title: B767-300 CREW AND A LIGHT TWIN HAD LESS THAN LEGAL SEPARATION IN MIA CLASS E. TCASII GAVE AN RA EVEN THOUGH IT WAS SUPPOSED TO BE MEL'ED INOP.

Narrative: WHILE BEING VECTORED FOR DEP FROM FLL WE GOT AN RA AND TOOK EVASIVE ACTION, ATC WAS NOTIFIED OF ALT AND HEADING DEV. WE WERE GIVEN A NEW ALT AND CLRNC TO DEVIATE. IT IS ESTIMATED WE MISSED A LIGHT TWIN BY 200 FT AND 1-2 MI. OF PARTICULAR NOTE IN THIS SIT WAS THE FACT THAT THE TCASII HAD BEEN WRITTEN UP AND DEFERRED. THE WRITE UP WAS THAT VOLUME OF WARNING WAS TOO LOW AND ALMOST UNAVAILABLE. I HEARD A SOUND BUT DID NOT RECOGNIZE IT AS THE TCASII WARNING. WHAT I DID SEE WAS THE VISUAL DEPICTION GO FROM YELLOW SQUARE TO RED A CIRCLE. I THEN FOLLOWED THE VISUAL AVOIDANCE COMMANDS. OUR MAINT PROCS CALL FOR THE SYS TO BE DEACTIVATED. IN THIS SIT, AS CAPT, I WAS REMISS IN NOT CHKING OUR MAINT MANUAL WHEN THE MECHS WERE FINISHED DURING PREFLT. DUE TO NUMEROUS WRITE-UPS FO WAS UNABLE TO GET IN SEAT UNTIL JUST BEFORE PUSHBACK. EVEN THOUGH THE AUDIO DIDN'T WORK, THE VISUAL SAVED THE DAY. OUR PROCS DO NOT ALLOW FOR PARTIAL OP.

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.