Date:	Sunday 23 April 2023
Time:	14:05 UTC
Type:	Boeing 727-2S2 Adv. (F)
Owner/operator:	LAS Cargo
Registration:	HK-4636
MSN:	22927/1821
Year of manufacture:	1983
Engine model:	P&W JT8D
Fatalities:	Fatalities: 0 / Occupants: 3
Other fatalities:	0
Aircraft damage:	None
Category:	Incident
Location:	near Curaçao-Hato International Airport (CUR/TNCC) -   Curaçao
Phase:	Approach
Nature:	Cargo
Departure airport:	Quito-New Mariscal Sucre International Airport (UIO/SEQM)
Destination airport:	Curaçao-Hato International Airport (CUR/TNCC)
Investigating agency:	CCAA Curaçao
Confidence Rating:	Accident investigation report completed and information captured

Narrative:
Divi Divi Air flight DVR268, a DHC-6 Twin Otter (PJ-DVF) and LAS Cargo flight LAU 334, a Boeing 727-2S2(A) (F), registration HK-4636, were involved in an airprox incident.

DVR268 departed Curaçao (TNCC), at 18:05 UTC, on a VFR flight plan enroute to Aruba, (TNCA), on a scheduled commercial flight.
LAS Cargo flight LAU334 was approaching TNCC from SEQM on a scheduled cargo commercial flight from the Southwest of the PJG VOR.

While on the runway prior departure DVR268 was instructed after take-off left turn and to intercept Radial 320 outbound PJG VOR, Climb to FL045 due to traffic inbound from the southwest not yet on the tower frequency. LAU334, on an IFR flight plan, was passing FL106 inbound on Radial 234 of PJG VOR descending to FL060, 20NM out and received further
descent clearance to 2.500ft. LAU334 was also advised of the outbound traffic DVR268. The ATCO (Air Traffic Controller) observed DVR268 visually proceeding to the PJG VOR. DVR268 was instructed to intercept R320 outbound. LAU334 was descending and proceeding to the PJG VOR.
LAU334 requested a visual approach and to enter on a Left Base for Runway 11. The ATCO cleared LAU334 for Visual Approach and proceed to right base for Runway 11 descend
to circuit altitude of 1500ft.
DVR268 was observed on the radar at 3300ft and flying direct to the PJC VOR and LAU334 at 4500ft. The ATCO instructed DVR268 to descend to FL030 and instructed LAU334 to stop descent at FL040. DVR268 reported they have already passed FL030 or at FL035. The ATCO instructed LAU334 to stop at FL040. DVR268 reported traffic in-sight and continued climbing to FL045 thereafter LAU334 reported an RA, Resolution Advisory on the TCAS.
DVR268 was informed by the ATCO that he was instructed to maintain FL030 and DVR268 replied that they already passed FL030 and were at 3300-3500ft and that they can’t do anything else.
Review of Radar data showed at one time both aircraft at the same altitude approximate 3800ft. An RA, Resolution Advisory, was triggered by LAU334 at a vertical clearance of 300 ft and a distance of three (3) nm between both aircraft. LAU334 on receiving an RA immediately climbed to FL050 and indicated to ATC that they had an RA.

Probable Cause
The probable cause of this RA incident is DVR 268 not adhering to ATC instructions to intercept Radial 320 outbound of the PJG VOR from their position after take-off which was a
westerly heading, which would have kept them well clear (lateral separation) of the inbound traffic LAU 334 inbound on Radial 234 of the PJG VOR. DVR 268 proceeded turning further Left towards the Southwest. Furthermore, DVR 268 failed to maintain the last assigned altitude of FL030 as instructed by ATC.

Contributing Factors
a. DVR 268 not adhering to ATC instructions to intercept Radial 320 outbound of the PJG VOR from their position after take-off which was a westerly heading. This would have kept them well clear (lateral separation) of the inbound traffic LAU 334 inbound of Radial 234 of the PJG VOR.
b. Failure of DVR 268 to maintain the last assigned altitude of FL030 and continued unauthorized to climb to its previously cleared altitude of FL045 before takeoff.
c. DVR 268 neglected to return to its last assigned altitude of FL030 causing an RA to be triggered by LAU 334.
d. Poor judgement of the DDA PIC (Pilot in Command) and the lack of situational awareness of both Divi Divi Air pilots.
e. High approach speed of LAU 334.
f. TCAS I installed in the DHC-6-300, PJ-DVF.
g. VFR Operations played a factor.

TNCC 231400Z 06003kt 030V100 9999 FEW018 28/24 Q1012 NOSIG

Curacao CAA

Date/time	Contributor	Updates
09-Jul-2025 18:35	ASN	Added