CL30 flight crew failed to cross lax at FL430 as per ATC and conflicted with opposite direction traf...

Attributes
ACN	683944
Time
Date	200601
Place
Locale Reference	atc facility : zla.artcc
State Reference	CA
Altitude	msl single value : 41000
Environment
Flight Conditions	VMC VMC
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zoa.artcc
Operator	general aviation : corporate
Make Model Name	Canadair/Bombardier Undifferentiated or Other Model
Operating Under FAR Part	Part 91
Flight Phase	climbout : initial
Flight Plan	IFR
Aircraft 2
Controlling Facilities	artcc : zla.artcc
Operator	common carrier : air taxi
Make Model Name	Canadair/Bombardier Undifferentiated or Other Model
Operating Under FAR Part	Part 135
Flight Phase	cruise : level
Flight Plan	IFR
Person 1
Affiliation	company : corporate
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 100 flight time total : 7000 flight time type : 1000
ASRS Report	683944
Person 2
Affiliation	company : corporate
Function	flight crew : first officer
Qualification	pilot : atp
Experience	flight time last 90 days : 108 flight time total : 25300 flight time type : 636
ASRS Report	684142
Events
Anomaly	altitude deviation : crossing restriction not met conflict : airborne less severe non adherence : clearance
Independent Detector	other controllera other flight crewa other flight crewb
Resolutory Action	controller : issued new clearance
Consequence	faa : investigated
Miss Distance	horizontal : 1500 vertical : 1200
Supplementary
Problem Areas	Flight Crew Human Performance ATC Human Performance
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

Departed see and climbing to cruise altitude. ATC cleared us direct lax at about 40-50 mi south of lax; and cleared us to cross lax at FL430. As we neared lax; we realized we could not make the crossing restr; and advised ATC at 10-15 mi south of lax. ATC assigned us a heading off course; then revised to remain on course; while pointing out opposing traffic at FL410. Traffic was sighted and acknowledged; and passed off our left at FL410 and about 1-2 mi. We were at FL425 while passing and still climbing. ATC requested a phone call after landing and reported that loss of separation had occurred and the incident would be reviewed and investigated for possible enforcement action. This situation could have been prevented by not accepting a climbing crossing restr at such high altitudes; where climb performance begins to decrease. I should have recognized sooner that we might not make it and taken positive action to change the situation. It would have been helpful if ATC had advised initially of the crossing traffic; and also if ATC had queried us on our ability to meet the restr as we got closer to the VOR and the opposing traffic. There were not any TCAS warnings generated by this event either.

Original NASA ASRS Text

Title: CL30 FLT CREW FAILED TO CROSS LAX AT FL430 AS PER ATC AND CONFLICTED WITH OPPOSITE DIRECTION TFC AT FL410.

Narrative: DEPARTED SEE AND CLBING TO CRUISE ALT. ATC CLRED US DIRECT LAX AT ABOUT 40-50 MI S OF LAX; AND CLRED US TO CROSS LAX AT FL430. AS WE NEARED LAX; WE REALIZED WE COULD NOT MAKE THE XING RESTR; AND ADVISED ATC AT 10-15 MI S OF LAX. ATC ASSIGNED US A HDG OFF COURSE; THEN REVISED TO REMAIN ON COURSE; WHILE POINTING OUT OPPOSING TFC AT FL410. TFC WAS SIGHTED AND ACKNOWLEDGED; AND PASSED OFF OUR L AT FL410 AND ABOUT 1-2 MI. WE WERE AT FL425 WHILE PASSING AND STILL CLBING. ATC REQUESTED A PHONE CALL AFTER LNDG AND RPTED THAT LOSS OF SEPARATION HAD OCCURRED AND THE INCIDENT WOULD BE REVIEWED AND INVESTIGATED FOR POSSIBLE ENFORCEMENT ACTION. THIS SITUATION COULD HAVE BEEN PREVENTED BY NOT ACCEPTING A CLBING XING RESTR AT SUCH HIGH ALTS; WHERE CLB PERFORMANCE BEGINS TO DECREASE. I SHOULD HAVE RECOGNIZED SOONER THAT WE MIGHT NOT MAKE IT AND TAKEN POSITIVE ACTION TO CHANGE THE SITUATION. IT WOULD HAVE BEEN HELPFUL IF ATC HAD ADVISED INITIALLY OF THE XING TFC; AND ALSO IF ATC HAD QUERIED US ON OUR ABILITY TO MEET THE RESTR AS WE GOT CLOSER TO THE VOR AND THE OPPOSING TFC. THERE WERE NOT ANY TCAS WARNINGS GENERATED BY THIS EVENT EITHER.

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.

CL30 flight crew failed to cross lax at FL430 as per ATC and conflicted with opposite direction traffic at FL410.