Embraer Phenom 300
Flight Crew Air Transport Pilot (ATP); Flight Crew Multiengine
Flight Crew Last 90 Days 90; Flight Crew Total 5050; Flight Crew Type 1300
Conflict NMAC
Air Traffic Control Issued Advisory / Alert; Flight Crew Took Evasive Action
Human Factors
During descent into SDL; we were under the control of Phoenix approach on vectors. We were given a heading of 040 and descent to 6;000. We were advised of a Cessna flying VFR under the control of approach and that it was on a converging course. The plane was told to level at 5;500 feet. At this time the autopilot was on and I was looking at the TCAS and outside while the pilot flying was looking outside and monitoring the autopilot. The Cessna did not level at 5;500 and continued to climb. TCAS promptly gave a traffic advisory followed by a resolution advisory which required us to descend from 6;000 feet and ended up at 5;200 when we were given a 'clear of conflict' advisory. In the process I told approach we were responding to an RA. After leveling at 5;200 I asked what altitude they would like us to maintain (as it was time to descend). We were then cleared direct to the field; maintain 5;000; and contact another approach frequency. We continued to destination without any other issues. The Cessna was very close and I never saw the aircraft until it was within 100 feet horizontally at our altitude. I saw the aircraft when responding to the descend RA. Without TCAS we may have had a different outcome. The Cessna blew the clearance; not the controller.
Phenom 300 Captain experienced a TCAS RA and NMAC at 6000 feet during vectors for approach. A VFR Cessna climbing to 5500 feet with the same Controller had continued to climb resulting in evasive action and a NMAC.