Narrative:

I was in command of air carrier X; operating from jfk to lax on nov/08. At approximately XA00 our aircraft was direct to rbv VOR and beginning a turn onto J64; level at 17000 ft and under ZNY control during climb phase to FL340. ATC issued a vector to 320 degrees 'for climb.' shortly after rolling out on the assigned heading; the TCAS issued a TA; followed almost immediately by an RA to 'monitor vertical speed' and directing 'no climb' on the pilot's pfd. I noted the conflict aircraft on the navigation display directly ahead; indicating 500 ft above my aircraft and on a collision course. Uncomfortable with this situation; I initiated a descent and informed ATC. Shortly thereafter; my first officer noted the conflict aircraft; a citation bizjet; directly overhead and estimated our vertical separation at less than 500 ft. After descending to 16000 ft; we requested a climb back to 17000 ft when clear of the conflict. 2 issues concern me. A thin cloud layer existed at approximately 17500 ft; so the conflict aircraft was operating VFR in conditions that did not satisfy the vertical cloud clearance requirements for VFR operations in class east airspace. I also question ATC issuing a vector placing us in close proximity to an aircraft operating VFR with no more than 500 ft of vertical separation.

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Original NASA ASRS Text

Title: AIR CARRIER AT 17000 FT WITH ZNY RECEIVED TCAS RA WITH VFR TRAFFIC AT APPROXIMATELY 17500 FT. REPORTER ALLEGED VFR TRAFFIC WAS VIOLATING VFR CLOUD CLEARANCE REQUIREMENTS AND ATC VECTORS CONTRIBUTED TO THE CONFLICT.

Narrative: I WAS IN COMMAND OF ACR X; OPERATING FROM JFK TO LAX ON NOV/08. AT APPROX XA00 OUR ACFT WAS DIRECT TO RBV VOR AND BEGINNING A TURN ONTO J64; LEVEL AT 17000 FT AND UNDER ZNY CTL DURING CLB PHASE TO FL340. ATC ISSUED A VECTOR TO 320 DEGS 'FOR CLB.' SHORTLY AFTER ROLLING OUT ON THE ASSIGNED HDG; THE TCAS ISSUED A TA; FOLLOWED ALMOST IMMEDIATELY BY AN RA TO 'MONITOR VERT SPD' AND DIRECTING 'NO CLB' ON THE PLT'S PFD. I NOTED THE CONFLICT ACFT ON THE NAV DISPLAY DIRECTLY AHEAD; INDICATING 500 FT ABOVE MY ACFT AND ON A COLLISION COURSE. UNCOMFORTABLE WITH THIS SITUATION; I INITIATED A DSCNT AND INFORMED ATC. SHORTLY THEREAFTER; MY FO NOTED THE CONFLICT ACFT; A CITATION BIZJET; DIRECTLY OVERHEAD AND ESTIMATED OUR VERT SEPARATION AT LESS THAN 500 FT. AFTER DSNDING TO 16000 FT; WE REQUESTED A CLB BACK TO 17000 FT WHEN CLEAR OF THE CONFLICT. 2 ISSUES CONCERN ME. A THIN CLOUD LAYER EXISTED AT APPROX 17500 FT; SO THE CONFLICT ACFT WAS OPERATING VFR IN CONDITIONS THAT DID NOT SATISFY THE VERT CLOUD CLRNC REQUIREMENTS FOR VFR OPS IN CLASS E AIRSPACE. I ALSO QUESTION ATC ISSUING A VECTOR PLACING US IN CLOSE PROX TO AN ACFT OPERATING VFR WITH NO MORE THAN 500 FT OF VERT SEPARATION.

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.