Date: 201304
Local time of day: 0601-1200
Location: ATL.Airport, GA
Flight conditions: VMC
Light: Daylight
Aircraft: B737-700
Operator: Air Carrier
Operating under: Part 121
Flight plan: IFR
Mission: Passenger
Flight phase: Climb
Airspace: Class B ATL
ATC / advisory: TRACON A80
Second aircraft: Airbus Industrie Undifferentiated or Other Model
Reporter organization: Air Carrier
Reporter function: Pilot Not Flying; Captain
Reporter qualification: Flight Crew Air Transport Pilot (ATP)
Human factors: Distraction; Situational Awareness; Confusion; Communication Breakdown
Second reporter function: First Officer; Pilot Flying
Anomaly: ATC Issue All Types; Conflict Airborne Conflict
Detector: Person Flight Crew
When detected: In-flight
Result: Air Traffic Control Issued New Clearance; Flight Crew Requested ATC Assistance / Clarification; Flight Crew Took Evasive Action
Contributing factors: Human Factors; Airspace Structure; Procedure
Primary problem: Procedure

Narrative: After takeoff we were cleared by Departure to climb and maintain one four thousand and contact Departure on [a frequency I can't recall for certain]. While I switched over I heard the autopilot disengage. Upon my check-in I said: '[Flight XXX] vacating one; one thousand for one four; fourteen; thousand; CONFIRM OUR ASSIGNED ALTITUDE.' The Controller responded: [Flight XXX]; roger. Climb and maintain one four thousand.' The First Officer; however; held the climb in abatement; and I said something to him in agreement as I pointed to the TCAS traffic display. I then repeated: [Flight XXX]; I say again; confirm our assigned altitude.'The Controller then responded in a stressed vocal tone: 'descend and maintain one zero thousand;' to which I responded: 'Vacating one; one; eleven; thousand for one zero; ten; thousand; traffic in sight.' The Controller responded to this readback in a tone that led me to believe he was still confused as to what had just happened. The First Officer and I discussed what had transpired; and I have a specific recollection of being irritated because I had stated our altitude three times; and twice included the specific request to CONFIRM [our cleared] ALTITUDE.' When we received our next frequency change I read back the clearance and commented that we had the traffic in sight and that as far as we were concerned we have no 'deal' meaning that I had no intention to pursue the traffic conflict with this Controller. The First Officer; who saw the conflict before I did; acted with forethought and [his timely l and appropriate precautionary action] prevented this from becoming a [bigger] problem. I always have been the first to provide peer education for safety and am willing to accept fault immediately. However; I honestly believe we were handed off in error.In that ATC is a compressed environment; I would like to see strict adherence to terminology of altitudes spoken i.e.: 'one-four; fourteen thousand' instead of the compressed and often used 'one-four thousand.' When an aircraft says 'CONFIRM ALTITUDE' it should generate strict attention from the Controller.


Second narrative: As we rolled out heading south; I saw an Airbus [that had departed ahead of us] approximately 3-4 miles in front of us and could tell that he had not begun to climb yet. Knowing that this was not 'normal' for an Atlanta Departure; (to climb before the aircraft preceding you climbs); and I clicked off the autopilot; leveled off and asked the Captain to verify our cleared altitude. We were at approximately 11;000 MSL at this time. Center immediately came back and said we were cleared to one-four thousand. I then began to climb again; but passing approximately 11;300 we received a TCAS 'TA' for an aircraft directly in front of us at approximately 5-6 NM at 12;000. In addition; I could visually see the aircraft and could see that it was flying directly toward us and would definitely be a conflict if we continued our climb. Therefore; I again leveled off at approximately 11;300 FT; and then began a descent back to 11;000. Had I not taken the initiative to level off when I first sensed a problem; we would have been at approximately 12;000 FT when we passed the conflicting aircraft! His same altitude; ultimately; we never passed closer than three miles and 1;000 FT. The potential conflict was simply happening too fast to take a 'wait and see' approach.


Synopsis: A B737-700; departing ATL and inappropriately cleared to climb to 14;000 MSL; avoided a conflict with a prior departure Airbus; opposite direction at 12;000; through the alert response of the First Officer/pilot flying who stopped his climb after spotting the traffic. ATC ultimately noted the error and cleared them to descend immediately to 10;000.