Narrative:

Newark departure told us to climb to 7000' and while turning left to assigned heading we were told to stop climb at 5000'. I then saw the conflict, an air carrier at 2 O'clock pop in and out of the clouds at a slightly lower altitude less than 1 mi away. Controllers may, or may not have given an additional vector. I cannot remember. It was unknown where the air carrier came from, but I suspect it took of just ahead of us and was slower in its climbout than us. I was on newark departure 119.2 at the time of the event.

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Original NASA ASRS Text

Title: ACR Y DEPARTED ARPT AND OVERTOOK PRECEDING DEP RESULTING IN LESS THAN STANDARD SEPARATION.

Narrative: NEWARK DEP TOLD US TO CLIMB TO 7000' AND WHILE TURNING LEFT TO ASSIGNED HDG WE WERE TOLD TO STOP CLIMB AT 5000'. I THEN SAW THE CONFLICT, AN ACR AT 2 O'CLOCK POP IN AND OUT OF THE CLOUDS AT A SLIGHTLY LOWER ALT LESS THAN 1 MI AWAY. CTLRS MAY, OR MAY NOT HAVE GIVEN AN ADDITIONAL VECTOR. I CANNOT REMEMBER. IT WAS UNKNOWN WHERE THE ACR CAME FROM, BUT I SUSPECT IT TOOK OF JUST AHEAD OF US AND WAS SLOWER IN ITS CLIMBOUT THAN US. I WAS ON NEWARK DEP 119.2 AT THE TIME OF THE EVENT.

Data retrieved from NASA's ASRS site as of August 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.