Narrative:

Starting situation: aircraft 1 (us) dixie to bouno at 5000 ft. Aircraft 2: opposite direction at 6000 ft. ATC: 'aircraft 1; traffic at 12 O'clock; 10 miles; opposite direction 6000 ft.' I see the aircraft and point it out to the captain. He confirms having aircraft in sight. Aircraft 1: 'traffic in sight.' ATC: 'aircraft 2; traffic 12 O'clock; 10 miles; opposite direction 5000 ft.' aircraft 2: 'traffic in sight.' ATC: 'aircraft 1; maintain visual with that traffic and climb and maintain 6000 ft. The traffic will be descending.' aircraft 1: 'maintaining visual and climbing to 6000 ft.' ATC: 'aircraft 2; maintain visual with that traffic and descend and maintain 5000 ft. The traffic will be climbing.' aircraft 2: 'maintaining visual and descending to 5000 ft.' climbing through 5400 ft; I notice the traffic is stationary in the windshield at 12 O'clock. I point out to the captain that he might want to alter his climb rate. He looks confused and points to an airplane at 9 O'clock; saying we are clear of the traffic. I point out the correct traffic. He acknowledges seeing the traffic but doesn't alter his climb rate. As this time the traffic starts to climb. Aircraft 2: 'aircraft 2 RA; aircraft 2 RA.' ATC: 'roger.' the other traffic passes approximately 2500 ft off our left wing; 300 ft above our altitude. The captain is angry at the other pilot because they were supposed to descend; not climb; and at ATC for issuing the climb clearance. (Our TCAS was accidentally in TA only.) I don't argue with him but instead count my blessings and remember a mid-air in europe several yrs ago. Factors: reviewing the situation; I do not see how this situation could have passed without TA's and RA's creating a hazardous situation. The controller should have waited 30 seconds for us to pass each other before issuing the clrnces. Both aircraft acknowledged the other aircraft in sight and we both took the responsibility to maintain visual with the other aircraft. If our TCAS had been in RA; we would have followed the RA as well. I will no longer accept a 'maintain visual' clearance at night. There are just too many aircraft out there and the consequences of identifying the wrong one are too big.

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Original NASA ASRS Text

Title: A DA50 FLT CREW AT 5000 FT EXPERIENCED TCAS RA WITH OPPOSITE DIRECTION TFC AFTER ACCEPTING VISUAL SEPARATION CLRNC FROM N90 CTLR.

Narrative: STARTING SIT: ACFT 1 (US) DIXIE TO BOUNO AT 5000 FT. ACFT 2: OPPOSITE DIRECTION AT 6000 FT. ATC: 'ACFT 1; TFC AT 12 O'CLOCK; 10 MILES; OPPOSITE DIRECTION 6000 FT.' I SEE THE ACFT AND POINT IT OUT TO THE CAPT. HE CONFIRMS HAVING ACFT IN SIGHT. ACFT 1: 'TFC IN SIGHT.' ATC: 'ACFT 2; TFC 12 O'CLOCK; 10 MILES; OPPOSITE DIRECTION 5000 FT.' ACFT 2: 'TFC IN SIGHT.' ATC: 'ACFT 1; MAINTAIN VISUAL WITH THAT TFC AND CLB AND MAINTAIN 6000 FT. THE TFC WILL BE DSNDING.' ACFT 1: 'MAINTAINING VISUAL AND CLBING TO 6000 FT.' ATC: 'ACFT 2; MAINTAIN VISUAL WITH THAT TFC AND DSND AND MAINTAIN 5000 FT. THE TFC WILL BE CLBING.' ACFT 2: 'MAINTAINING VISUAL AND DSNDING TO 5000 FT.' CLBING THROUGH 5400 FT; I NOTICE THE TFC IS STATIONARY IN THE WINDSHIELD AT 12 O'CLOCK. I POINT OUT TO THE CAPT THAT HE MIGHT WANT TO ALTER HIS CLB RATE. HE LOOKS CONFUSED AND POINTS TO AN AIRPLANE AT 9 O'CLOCK; SAYING WE ARE CLR OF THE TFC. I POINT OUT THE CORRECT TFC. HE ACKNOWLEDGES SEEING THE TFC BUT DOESN'T ALTER HIS CLB RATE. AS THIS TIME THE TFC STARTS TO CLB. ACFT 2: 'ACFT 2 RA; ACFT 2 RA.' ATC: 'ROGER.' THE OTHER TFC PASSES APPROX 2500 FT OFF OUR L WING; 300 FT ABOVE OUR ALT. THE CAPT IS ANGRY AT THE OTHER PLT BECAUSE THEY WERE SUPPOSED TO DSND; NOT CLB; AND AT ATC FOR ISSUING THE CLB CLRNC. (OUR TCAS WAS ACCIDENTALLY IN TA ONLY.) I DON'T ARGUE WITH HIM BUT INSTEAD COUNT MY BLESSINGS AND REMEMBER A MID-AIR IN EUROPE SEVERAL YRS AGO. FACTORS: REVIEWING THE SIT; I DO NOT SEE HOW THIS SIT COULD HAVE PASSED WITHOUT TA'S AND RA'S CREATING A HAZARDOUS SIT. THE CTLR SHOULD HAVE WAITED 30 SECONDS FOR US TO PASS EACH OTHER BEFORE ISSUING THE CLRNCES. BOTH ACFT ACKNOWLEDGED THE OTHER ACFT IN SIGHT AND WE BOTH TOOK THE RESPONSIBILITY TO MAINTAIN VISUAL WITH THE OTHER ACFT. IF OUR TCAS HAD BEEN IN RA; WE WOULD HAVE FOLLOWED THE RA AS WELL. I WILL NO LONGER ACCEPT A 'MAINTAIN VISUAL' CLRNC AT NIGHT. THERE ARE JUST TOO MANY ACFT OUT THERE AND THE CONSEQUENCES OF IDENTIFYING THE WRONG ONE ARE TOO BIG.

Data retrieved from NASA's ASRS site as of January 2009 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.