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LR35 flight crew at FL200 climbs to avoid traffic at same altitude and conflicts with rj at FL210. ATC does not have any conflicting traffic at FL200.
| Attributes | |
| ACN | 795496 |
| Time | |
| Date | 200807 |
| Local Time Of Day | 0601 To 1200 |
| Place | |
| Locale Reference | airport : act.airport |
| State Reference | TX |
| Altitude | msl single value : 20000 |
| Environment | |
| Flight Conditions | Mixed |
| Weather Elements | Thunderstorm |
| Light | Daylight |
| Aircraft 1 | |
| Controlling Facilities | artcc : zfw.artcc |
| Operator | general aviation : corporate |
| Make Model Name | Learjet 35 |
| Operating Under FAR Part | Part 91 |
| Flight Phase | climbout : intermediate altitude cruise : level |
| Flight Plan | IFR |
| Aircraft 2 | |
| Controlling Facilities | artcc : zfw.artcc |
| Make Model Name | Commercial Fixed Wing |
| Flight Phase | cruise : level |
| Flight Plan | IFR |
| Person 1 | |
| Affiliation | company : corporate |
| Function | flight crew : captain oversight : pic |
| Qualification | pilot : multi engine pilot : instrument pilot : atp |
| Experience | flight time last 90 days : 75 flight time total : 13500 flight time type : 5000 |
| ASRS Report | 795496 |
| Person 2 | |
| Affiliation | company : corporate |
| Function | flight crew : first officer |
| Qualification | pilot : atp |
| Experience | flight time last 90 days : 65 flight time total : 3600 flight time type : 1000 |
| ASRS Report | 795493 |
| Events | |
| Anomaly | altitude deviation : excursion from assigned altitude conflict : airborne critical non adherence : clearance |
| Independent Detector | other controllera other flight crewa other flight crewb |
| Resolutory Action | controller : issued new clearance |
| Miss Distance | horizontal : 2500 vertical : 400 |
| Supplementary | |
| Problem Areas | Flight Crew Human Performance ATC Human Performance |
| Primary Problem | Ambiguous |
Narrative:
ATC cleared us to climb to FL200. ATC reported a regional jet at FL210 but gave no lateral direction. At FL200 while leveling off we saw another aircraft at our 11 O'clock position; at our assigned altitude; we climbed to 20400 ft to prevent possible incursion. ATC told us again of the traffic at FL210 (we did not see this traffic due to clouds). The track of the visual traffic at our 11 O'clock position was such that we felt a descent to FL200 would have caused a collision. ATC directed us to descend to FL200 at which point I told ATC of our visual on the other traffic. ATC then told us to take an immediate 90 degree left turn and descend to FL200 which we complied with. ATC never reported the other aircraft. Moments before incident ATC had cleared an aircraft to descend to either FL190 or FL180 but I do not know if this was an aircraft in our area. ATC should have told us of the lower aircraft but when asked ATC replied they didn't have anyone on radar below us; only the regional jet at FL210. I cannot descend to a lower altitude even if it is assigned if I think that I will be in conflict with an aircraft I have a visual contact with. I made it clear to ATC I had visual contact and could not descend. That is when ATC gave us the instruction to turn hard left and descend.
Original NASA ASRS Text
Title: LR35 FLT CREW AT FL200 CLIMBS TO AVOID TRAFFIC AT SAME ALTITUDE AND CONFLICTS WITH RJ AT FL210. ATC DOES NOT HAVE ANY CONFLICTING TRAFFIC AT FL200.
Narrative: ATC CLRED US TO CLB TO FL200. ATC RPTED A REGIONAL JET AT FL210 BUT GAVE NO LATERAL DIRECTION. AT FL200 WHILE LEVELING OFF WE SAW ANOTHER ACFT AT OUR 11 O'CLOCK POS; AT OUR ASSIGNED ALT; WE CLBED TO 20400 FT TO PREVENT POSSIBLE INCURSION. ATC TOLD US AGAIN OF THE TFC AT FL210 (WE DID NOT SEE THIS TFC DUE TO CLOUDS). THE TRACK OF THE VISUAL TFC AT OUR 11 O'CLOCK POS WAS SUCH THAT WE FELT A DSCNT TO FL200 WOULD HAVE CAUSED A COLLISION. ATC DIRECTED US TO DSND TO FL200 AT WHICH POINT I TOLD ATC OF OUR VISUAL ON THE OTHER TFC. ATC THEN TOLD US TO TAKE AN IMMEDIATE 90 DEG L TURN AND DSND TO FL200 WHICH WE COMPLIED WITH. ATC NEVER RPTED THE OTHER ACFT. MOMENTS BEFORE INCIDENT ATC HAD CLRED AN ACFT TO DSND TO EITHER FL190 OR FL180 BUT I DO NOT KNOW IF THIS WAS AN ACFT IN OUR AREA. ATC SHOULD HAVE TOLD US OF THE LOWER ACFT BUT WHEN ASKED ATC REPLIED THEY DIDN'T HAVE ANYONE ON RADAR BELOW US; ONLY THE REGIONAL JET AT FL210. I CANNOT DSND TO A LOWER ALT EVEN IF IT IS ASSIGNED IF I THINK THAT I WILL BE IN CONFLICT WITH AN ACFT I HAVE A VISUAL CONTACT WITH. I MADE IT CLR TO ATC I HAD VISUAL CONTACT AND COULD NOT DSND. THAT IS WHEN ATC GAVE US THE INSTRUCTION TO TURN HARD L AND DSND.
Data retrieved from NASA's ASRS site as of May 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.