Talon (T38)
Flight Crew Air Transport Pilot (ATP)
Flight Crew Last 90 Days 40; Flight Crew Total 4400; Flight Crew Type 500
ATC Issue All Types; Aircraft Equipment Problem Critical; Conflict Airborne Conflict; Deviation - Altitude Excursion From Assigned Altitude; Deviation / Discrepancy - Procedural Clearance
Air Traffic Control Issued Advisory / Alert; Flight Crew Took Evasive Action; Flight Crew Inflight Shutdown; Flight Crew Requested ATC Assistance / Clarification
Aircraft
During a Functional Check Flight (FCF) the aircraft experienced a single engine failure. Pilot asked for a descent but was instructed to maintain assigned altitude of FL450. The pilot was unable due the performance limitations of the aircraft while single engine. The pilot asked for a descent to an altitude where the aircraft could maintain level flight; but was denied due to traffic. Next he tried asked for a vector to enable an immediate descent; but was denied again. Pilot then [advised ATC] in order to descend. ATC notified pilot that he was still required to maintain FL410 to which the pilot responded that he was unable. During the descent the pilot noticed traffic on TCAS and tried to avoid. Once at lower altitude the engine was able to be restarted and the flight terminated back to [base] uneventfully. It was heard that the aircraft's flight path caused a RA with an airliner.A recommendation that will be passed back is for other aircrew in the organization to coordinate earlier and more deliberately with ATC when experiencing a situation that would prevent the aircraft from maintaining altitude.
T-38 pilot reported he was unable to maintain altitude after one engine failed and was forced to descend through conflicting traffic.