Medium Transport; Low Wing; 2 Turbojet Eng
Flight Crew Air Transport Pilot (ATP)
Workload
Conflict Airborne Conflict; Deviation - Altitude Excursion From Assigned Altitude
Air Traffic Control Issued Advisory / Alert; Flight Crew Took Evasive Action
Procedure; Human Factors
On departure from Newark we were instructed to turn left to 270 and climb to 4;000 feet. Shortly afterward ATC announced traffic at 4;500 feet and 12 o'clock. About the time we spotted the traffic; and announced it 'in sight'; we received a TCAS Traffic alert. We shallowed climb but still received a TCAS 'Adjust Vertical Speed' warning. We continued to shallow and ended up descending back to approximately 3;800 feet before receiving a 'clear of conflict' message. We started climbing back to 4;000 feet and informed ATC that we had descended to avoid traffic. We were subsequently cleared direct PARKE and the rest of the departure was uneventful.Threat/UAS: cleared to climb within 500 feet of known traffic without horizontal spacing vector. More aggressive 'see and avoid' response.
Pilot reported being issued traffic and observed the traffic. Aircraft received an RA and aircraft descended to avoid traffic. After traffic passed the aircraft climbed back to assigned altitude. Pilot advised ATC of altitude deviation for traffic.