Large Transport
Flight Crew Air Transport Pilot (ATP)
Flight Crew Last 90 Days 208
Communication Breakdown
ATC Issue All Types; Conflict Airborne Conflict; Deviation - Track / Heading All Types; Deviation / Discrepancy - Procedural Clearance
Flight Crew Requested ATC Assistance / Clarification
Human Factors
During climb out received ATC level off instructions at 5;000 feet and 020 heading. Captain noticed traffic ahead at 6;000 feet and five miles off the nose. ATC then issued a climb clearance to 15;000 feet. Captain took the radio from First Officer and told ATC that there was TCAS traffic at 12 o'clock and five miles and 1;000 feet above us as a safety concern. ATC then came back with a turn to heading of 060 and remain at 5;000 feet. ATC then came back to me asking why I didn't want to do what she instructed me to; and was not used to pilots not doing what she asks them to do. Captain replied with it was a safety concern and the traffic got within 2 miles of us at 1;000 above and that I felt that if I would have started that climb; I would have received a TCAS RA. She seemed very angry at me that we did not climb when asked; but I felt it was a safety concern for my aircraft; that is why I questioned her call with my TCAS information. I don't think ATC should have such a problem with a potential traffic risk that I am seeing right in front of me; especially when it was an easy fix.
Flight crew delayed climb to higher altitude due to traffic.