DURING SID DEP FROM EWR; FLC RECEIVED TCASII RA FROM ACFT ALSO DEPARTING EWR. FLC RPTED INTRUDER TO TWR WHO ACKNOWLEDGED AND SAID THEY DID NOT WANT TO ISSUE A TA SO AS NOT TO UPSET THE RPTR FLC; AND EVIDENTLY HAD BEEN IN COM WITH THE INTRUDER ACFT TO MAINTAIN VISUAL SEPARATION WITH RPTR. RPTR NEVER HEARD THOSE XMISSIONS.

Date: 1996-02 · Aircraft: DC-9 30

Anomalies: conflict-nmac|other-unspecified

Synopsis

DURING SID DEP FROM EWR; FLC RECEIVED TCASII RA FROM ACFT ALSO DEPARTING EWR. FLC RPTED INTRUDER TO TWR WHO ACKNOWLEDGED AND SAID THEY DID NOT WANT TO ISSUE A TA SO AS NOT TO UPSET THE RPTR FLC; AND EVIDENTLY HAD BEEN IN COM WITH THE INTRUDER ACFT TO MAINTAIN VISUAL SEPARATION WITH RPTR. RPTR NEVER HEARD THOSE XMISSIONS.

Narrative

SHORTLY AFTER TKOF; WHILE COMPLYING WITH THE NEWARK 4 DEP FOR RWY 22R; WE RECEIVED A TCASII RA. I WAS ATTEMPTING TO LOCATE THE INTRUDER ACFT WHICH APPEARED TO BE AT OUR 2-3 O'CLOCK POS AND 200 FT VERTLY. THE FO; WHO WAS FLYING; IMMEDIATELY LEVELED OFF AND BEGAN A DSCNT. AT THAT MOMENT HE LOOKED TO HIS R AND SAW A WHITE ATR42 ACFT. THIS ACFT PASSED ABOVE AND SLIGHTLY BEHIND OUR ACFT. WE WOULD ESTIMATE 200 FT VERTLY AND HORIZLY. IT WAS VERY CLOSE! I NOTIFIED ATC (EWR TWR ON 118.3 MHZ) THAT WE WERE COMPLYING WITH AN RA. THE TWR OPERATOR ACKNOWLEDGED OUR XMISSION. HE WENT ON TO SAY HE DID NOT ISSUE A TA BECAUSE HE DIDN'T WANT TO UPSET US. THE CTLR ALSO SAID THE CREW OF THE ATR42 HAD US IN SIGHT AND WOULD MAINTAIN SEPARATION. I NEVER HEARD THAT XMISSION. THE CTLR WAS VERY INSISTENT THAT I SWITCH TO DEP AT THIS POINT. I MADE A POINT TO TELL HIM AGAIN THAT WE HAD PASSED VERY CLOSE TO THE OTHER ACFT; THEN CHANGED OFF TO DEP. THE REST OF THE FLT AND LNDG IN DTW WAS UNEVENTFUL. EDITORIAL: THIS IS THE SECOND TIME IN THE PAST SEVERAL MONTHS THAT I'VE HAD A NEAR-MISS WITH A COMMUTER. I CAN ONLY ASSUME THAT THESE ARE PLTS WITH NO FORMATION FLYING EXPERIENCE. THEY SIMPLY DON'T UNDERSTAND CONVERGING AND DIVERGING FLT PATHS OR RATES OF CLOSURE.

Source: NASA Aviation Safety Reporting System (public domain). Reports are voluntary submissions and are not verified by NASA.