Narrative:

A near miss on departure from oak: original clearance to pdx via silent 7, vectors rbl fl 230 FL350 10 mins 120.9 3355. Clearance changed during taxi to oak 3 departure (no mention of altitude restriction). After in and out of broken clouds, passing 3000+/-', observed air carrier widebody transport crossing overhead at 11 O'clock, constant bearing probably 1000' above us. The air carrier subsequently passed directly over us. First officer flying took evasive action by decreasing rate of climb from 4000+/- FPM to 500+/- FPM. Autothrottles retarded automatically to maintain 250 KTS. Note, this was a light gross weight takeoff using full power because of a wet runway. Under these conditions climb power is not reduced. First officer had limited body angle to 20 degrees north.U. For passenger comfort. Had he not done so and had we not popped out of the clouds, this report might not have been written. Other air carrier appeared to be climbing out of sfo. Communications: at first sighting still on tower frequency, while watching other air carrier and taking evasive action, told tower we were switching to departure. When we contacted departure no mention of traffic. By now the event was over. We did not mention the near miss. My concern is not so much the event (talking to [name] area manager the altitude sep was 1600'--it would have been much closer west/O evasive action) so much as the ability of the system to handle the wide variety of performance. Remember--we climbed at 20 degrees north.U. The flight director wanted 24 degrees +/-. If one assumes full performance, there was a very close situation. I recommend either an altitude restriction coming out of oak until waived by departure control or a change in the departure path out of sfo. I also recommend a quicker switch to departure control after takeoff.

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Original NASA ASRS Text

Title: A DEPARTING ACR TOOK EVASIVE ACTION TO AVOID A PERCEIVED CONFLICTION WITH A WDB OVERFLT.

Narrative: A NEAR MISS ON DEP FROM OAK: ORIGINAL CLRNC TO PDX VIA SILENT 7, VECTORS RBL FL 230 FL350 10 MINS 120.9 3355. CLRNC CHANGED DURING TAXI TO OAK 3 DEP (NO MENTION OF ALT RESTRICTION). AFTER IN AND OUT OF BROKEN CLOUDS, PASSING 3000+/-', OBSERVED ACR WDB XING OVERHEAD AT 11 O'CLOCK, CONSTANT BEARING PROBABLY 1000' ABOVE US. THE ACR SUBSEQUENTLY PASSED DIRECTLY OVER US. F/O FLYING TOOK EVASIVE ACTION BY DECREASING RATE OF CLB FROM 4000+/- FPM TO 500+/- FPM. AUTOTHROTTLES RETARDED AUTOMATICALLY TO MAINTAIN 250 KTS. NOTE, THIS WAS A LIGHT GROSS WT TKOF USING FULL PWR BECAUSE OF A WET RWY. UNDER THESE CONDITIONS CLB PWR IS NOT REDUCED. F/O HAD LIMITED BODY ANGLE TO 20 DEGS N.U. FOR PAX COMFORT. HAD HE NOT DONE SO AND HAD WE NOT POPPED OUT OF THE CLOUDS, THIS RPT MIGHT NOT HAVE BEEN WRITTEN. OTHER ACR APPEARED TO BE CLBING OUT OF SFO. COMS: AT FIRST SIGHTING STILL ON TWR FREQ, WHILE WATCHING OTHER ACR AND TAKING EVASIVE ACTION, TOLD TWR WE WERE SWITCHING TO DEP. WHEN WE CONTACTED DEP NO MENTION OF TFC. BY NOW THE EVENT WAS OVER. WE DID NOT MENTION THE NEAR MISS. MY CONCERN IS NOT SO MUCH THE EVENT (TALKING TO [NAME] AREA MGR THE ALT SEP WAS 1600'--IT WOULD HAVE BEEN MUCH CLOSER W/O EVASIVE ACTION) SO MUCH AS THE ABILITY OF THE SYS TO HANDLE THE WIDE VARIETY OF PERFORMANCE. REMEMBER--WE CLBED AT 20 DEGS N.U. THE FLT DIRECTOR WANTED 24 DEGS +/-. IF ONE ASSUMES FULL PERFORMANCE, THERE WAS A VERY CLOSE SITUATION. I RECOMMEND EITHER AN ALT RESTRICTION COMING OUT OF OAK UNTIL WAIVED BY DEP CTL OR A CHANGE IN THE DEP PATH OUT OF SFO. I ALSO RECOMMEND A QUICKER SWITCH TO DEP CTL AFTER TKOF.

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.