Narrative:

Light transport X first officer's report: departed ewr airport and IFR. Due to cavu WX conditions we cancelled IFR, requesting a TCA climb to 13,500 with traffic advisories. While climbing through 9300, ny departure called traffic at our 11 O'clock position climbing through 8700'. Since this was a large jet with a greater climb capability we immediately leveled off. This allowed the jet traffic to climb above and to the left of us. We had visual contact with this traffic the entire time, and maintained visual separation. We never observed the jet traffic changing his altitude to 100K for his traffic. He just continued to climb blindly straight at us. Somehow just because he was large and IFR, see and avoid was not a concern. We did everything we could to maintain maximum separation, thus the safety of our flight was never in jeopardy. Supplemental information from acn 130175: widebody transport Y flight departed lga, was under control of lga departure control (frequency 120.4). Was on assigned heading 220 degree climbing out of 8500' to assigned altitude 12,000'. Departure control called traffic at 1 O'clock, nebnd, climbing VFR out of 9000', at distance of 4 mi. Realizing that we had a likely conflict, I turned off autoplt and took over manual control as I and my first officer and second officer all scanned for the traffic. He was spotted in seconds at 12 O'clock, our level, head on, about 1 mi off. (The other traffic had claimed to have us in sight). The traffic passed just off our left wing about 200' off, and about 4-500' below us. Had I not pulled up, he would have been far closer.

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Original NASA ASRS Text

Title: LTT X COMMUTER AND ACR WDB Y EXPERIENCE CLOSE ENCOUNTER WHILE OPERATING UNDER VISUAL SEPARATION.

Narrative: LTT X F/O'S REPORT: DEPARTED EWR ARPT AND IFR. DUE TO CAVU WX CONDITIONS WE CANCELLED IFR, REQUESTING A TCA CLIMB TO 13,500 WITH TFC ADVISORIES. WHILE CLIMBING THROUGH 9300, NY DEP CALLED TFC AT OUR 11 O'CLOCK POSITION CLIMBING THROUGH 8700'. SINCE THIS WAS A LARGE JET WITH A GREATER CLIMB CAPABILITY WE IMMEDIATELY LEVELED OFF. THIS ALLOWED THE JET TFC TO CLIMB ABOVE AND TO THE LEFT OF US. WE HAD VISUAL CONTACT WITH THIS TFC THE ENTIRE TIME, AND MAINTAINED VISUAL SEPARATION. WE NEVER OBSERVED THE JET TFC CHANGING HIS ALT TO 100K FOR HIS TFC. HE JUST CONTINUED TO CLIMB BLINDLY STRAIGHT AT US. SOMEHOW JUST BECAUSE HE WAS LARGE AND IFR, SEE AND AVOID WAS NOT A CONCERN. WE DID EVERYTHING WE COULD TO MAINTAIN MAX SEPARATION, THUS THE SAFETY OF OUR FLT WAS NEVER IN JEOPARDY. SUPPLEMENTAL INFORMATION FROM ACN 130175: WDB Y FLT DEPARTED LGA, WAS UNDER CTL OF LGA DEP CTL (FREQ 120.4). WAS ON ASSIGNED HDG 220 DEG CLIMBING OUT OF 8500' TO ASSIGNED ALT 12,000'. DEP CTL CALLED TFC AT 1 O'CLOCK, NEBND, CLIMBING VFR OUT OF 9000', AT DISTANCE OF 4 MI. REALIZING THAT WE HAD A LIKELY CONFLICT, I TURNED OFF AUTOPLT AND TOOK OVER MANUAL CONTROL AS I AND MY F/O AND S/O ALL SCANNED FOR THE TFC. HE WAS SPOTTED IN SECONDS AT 12 O'CLOCK, OUR LEVEL, HEAD ON, ABOUT 1 MI OFF. (THE OTHER TFC HAD CLAIMED TO HAVE US IN SIGHT). THE TFC PASSED JUST OFF OUR LEFT WING ABOUT 200' OFF, AND ABOUT 4-500' BELOW US. HAD I NOT PULLED UP, HE WOULD HAVE BEEN FAR CLOSER.

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.