Narrative:

Takeoff runway 25L at lax aircraft lightly loaded so very high climb rate. Originally cleared to 2000', passing lax VOR turn to heading of 235 degrees. After airborne tower reclred us to 5000' and maintain heading 235 degrees. Passing 3000' almost hit a single engine aircraft. Small aircraft Y passed across our nose level with us, then off right wing. We called departure passing 1000' to 1500', with new altitude and heading. Departure was too busy to immediately respond. Passing the aircraft and 3000', departure started talking to us and alarm was sounding in the background on his (departure's) microphone. Departure then started asking about our cleared altitude. We are sure (all 3 crew members) that we were cleared to 5000'. However, we are trying to determine if that is correct. Also, we discussed this event with fellow pilots and they have also been cleared to 5000' by the tower. To prevent this from happening again, I recommend that lax tower not change clearance and have departure clear aircraft out of 2000' after positive identify on the handoff from tower. Callback conversation with reporter revealed the following: after incident the flight crew listened to tapes in aircraft and confirmed that they were cleared to climb to 5000' by lady tower controller before frequency change to departure control. Also, next day flight crew talked via phone with ATC supervisor at lax TRACON. Found out that incident was treated as an ATC operational error. Tower controller had issued 4000' and flight crew had read it back correctly. Also learned that small aircraft Y was on IFR flight plan and on radar vectors by lax TRACON at 3000' assigned altitude. ATC supervisor advised flight crew that tower controller involved had been removed from duty involving sep of aircraft and might be transferred to FSS facility.

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Original NASA ASRS Text

Title: LESS THAN STANDARD SEPARATION AND NMAC BETWEEN ACR X AND SMA Y. OPERATIONAL ERROR.

Narrative: TKOF RWY 25L AT LAX ACFT LIGHTLY LOADED SO VERY HIGH CLB RATE. ORIGINALLY CLRED TO 2000', PASSING LAX VOR TURN TO HDG OF 235 DEGS. AFTER AIRBORNE TWR RECLRED US TO 5000' AND MAINTAIN HDG 235 DEGS. PASSING 3000' ALMOST HIT A SINGLE ENG ACFT. SMA Y PASSED ACROSS OUR NOSE LEVEL WITH US, THEN OFF RIGHT WING. WE CALLED DEP PASSING 1000' TO 1500', WITH NEW ALT AND HDG. DEP WAS TOO BUSY TO IMMEDIATELY RESPOND. PASSING THE ACFT AND 3000', DEP STARTED TALKING TO US AND ALARM WAS SOUNDING IN THE BACKGROUND ON HIS (DEP'S) MIC. DEP THEN STARTED ASKING ABOUT OUR CLRED ALT. WE ARE SURE (ALL 3 CREW MEMBERS) THAT WE WERE CLRED TO 5000'. HOWEVER, WE ARE TRYING TO DETERMINE IF THAT IS CORRECT. ALSO, WE DISCUSSED THIS EVENT WITH FELLOW PLTS AND THEY HAVE ALSO BEEN CLRED TO 5000' BY THE TWR. TO PREVENT THIS FROM HAPPENING AGAIN, I RECOMMEND THAT LAX TWR NOT CHANGE CLRNC AND HAVE DEP CLR ACFT OUT OF 2000' AFTER POSITIVE IDENT ON THE HDOF FROM TWR. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING: AFTER INCIDENT THE FLT CREW LISTENED TO TAPES IN ACFT AND CONFIRMED THAT THEY WERE CLRED TO CLB TO 5000' BY LADY TWR CTLR BEFORE FREQ CHANGE TO DEP CTL. ALSO, NEXT DAY FLT CREW TALKED VIA PHONE WITH ATC SUPVR AT LAX TRACON. FOUND OUT THAT INCIDENT WAS TREATED AS AN ATC OPERROR. TWR CTLR HAD ISSUED 4000' AND FLT CREW HAD READ IT BACK CORRECTLY. ALSO LEARNED THAT SMA Y WAS ON IFR FLT PLAN AND ON RADAR VECTORS BY LAX TRACON AT 3000' ASSIGNED ALT. ATC SUPVR ADVISED FLT CREW THAT TWR CTLR INVOLVED HAD BEEN REMOVED FROM DUTY INVOLVING SEP OF ACFT AND MIGHT BE TRANSFERRED TO FSS FAC.

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.