Narrative:

Shortly after being cleared for a visual approach on a left base leg and out of 5;500 ft the controller came back with an instruction to maintain 4;000 ft. I immediately stopped my decent and leveled off at 4;000 ft. Then I got a TCAS RA to climb which I followed as the first officer pointed out the traffic at our 10 o'clock and slightly beneath us. Then I saw a small white t-tail private aircraft pass directly underneath us by about 300 ft. Then discovered he was at 4;000 ft by the controller reprimanding him for not being at his assigned 3;500 ft. The TCAS saved our lives because we were able to climb to about 4;500 ft before cpa. Had we of just stopped at 4;000 ft we would have been on collision course.

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Original NASA ASRS Text

Title: An A320 Captain reported a 300 FT NMAC with a light aircraft on a visual approach when the other aircraft did not maintain its assigned altitude and ATC detected that aircraft's deviation until just prior to the conflict.

Narrative: Shortly after being cleared for a visual approach on a left base leg and out of 5;500 FT the Controller came back with an instruction to maintain 4;000 FT. I immediately stopped my decent and leveled off at 4;000 FT. Then I got a TCAS RA to CLIMB which I followed as the First Officer pointed out the traffic at our 10 o'clock and slightly beneath us. Then I saw a small white T-Tail private aircraft pass directly underneath us by about 300 FT. Then discovered he was at 4;000 FT by the Controller reprimanding him for not being at his assigned 3;500 FT. The TCAS saved our lives because we were able to climb to about 4;500 FT before CPA. Had we of just stopped at 4;000 FT we would have been on collision course.

Data retrieved from NASA's ASRS site as of April 2012 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.