Narrative:

Climbing out from lga to yyz was leveled at 11000' when ATC asked if we had an small transport at 12000' in sight. We stated that we had the traffic and were given a heading and 'cleared to maintain 14000, keep the traffic in sight.' the clearance was refused as the assigned heading resulted in a constant bearing and a climb through his altitude would have resulted in a near miss or midair. We passed under the small transport and then the first officer who was flying began a climb to 14000'. I detected this at 11500' and instructed him to return to 11000' as we had refused the 14000' clearance. He did so immediately. The clearance through the small transport altitude never should have been given. I have enough problems west/O being given asinine and blatantly unsafe clrncs. The first officer was primed in the go mode and got a little anxious on the climb. We had flown together all month (feb) and I found him to be one of the better new hires that I have flown with. I believe that all he wanted to do was to get into the high altitude structure and up and away from the congested lower altitudes around ny. Supplemental information from acn 83006: we spotted traffic at our 8:30-9 O'clock position but advised we were still looking. Departure then turned us left to a 280 degree heading and restr our climb to 11000'. We called our traffic in sight when established on our heading and leveled at 11000'. Departure cleared us, 'reference that traffic, climb and maintain 14000',' to which the captain immediately responded, 'we'll wait.' after we were well clear, I initiated a climb to 14000', but returned to 11000' at the captain's instruction because he was uncertain whether our climb clearance was still valid.

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Original NASA ASRS Text

Title: CONCERN ABOUT A POSSIBLE ALT DEVIATION EXCURSION FROM CLRNC ALT.

Narrative: CLBING OUT FROM LGA TO YYZ WAS LEVELED AT 11000' WHEN ATC ASKED IF WE HAD AN SMT AT 12000' IN SIGHT. WE STATED THAT WE HAD THE TFC AND WERE GIVEN A HDG AND 'CLRED TO MAINTAIN 14000, KEEP THE TFC IN SIGHT.' THE CLRNC WAS REFUSED AS THE ASSIGNED HDG RESULTED IN A CONSTANT BEARING AND A CLB THROUGH HIS ALT WOULD HAVE RESULTED IN A NEAR MISS OR MIDAIR. WE PASSED UNDER THE SMT AND THEN THE F/O WHO WAS FLYING BEGAN A CLB TO 14000'. I DETECTED THIS AT 11500' AND INSTRUCTED HIM TO RETURN TO 11000' AS WE HAD REFUSED THE 14000' CLRNC. HE DID SO IMMEDIATELY. THE CLRNC THROUGH THE SMT ALT NEVER SHOULD HAVE BEEN GIVEN. I HAVE ENOUGH PROBS W/O BEING GIVEN ASININE AND BLATANTLY UNSAFE CLRNCS. THE F/O WAS PRIMED IN THE GO MODE AND GOT A LITTLE ANXIOUS ON THE CLB. WE HAD FLOWN TOGETHER ALL MONTH (FEB) AND I FOUND HIM TO BE ONE OF THE BETTER NEW HIRES THAT I HAVE FLOWN WITH. I BELIEVE THAT ALL HE WANTED TO DO WAS TO GET INTO THE HIGH ALT STRUCTURE AND UP AND AWAY FROM THE CONGESTED LOWER ALTS AROUND NY. SUPPLEMENTAL INFO FROM ACN 83006: WE SPOTTED TFC AT OUR 8:30-9 O'CLOCK POS BUT ADVISED WE WERE STILL LOOKING. DEP THEN TURNED US LEFT TO A 280 DEG HDG AND RESTR OUR CLB TO 11000'. WE CALLED OUR TFC IN SIGHT WHEN ESTABLISHED ON OUR HDG AND LEVELED AT 11000'. DEP CLRED US, 'REF THAT TFC, CLB AND MAINTAIN 14000',' TO WHICH THE CAPT IMMEDIATELY RESPONDED, 'WE'LL WAIT.' AFTER WE WERE WELL CLR, I INITIATED A CLB TO 14000', BUT RETURNED TO 11000' AT THE CAPT'S INSTRUCTION BECAUSE HE WAS UNCERTAIN WHETHER OUR CLB CLRNC WAS STILL VALID.

Data retrieved from NASA's ASRS site as of August 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.