Narrative:

We departed mlb 27L runway heading. We were advised by departure control that we had traffic at 12 O'clock eastbound at 3600' MSL. We were approximately 2000' MSL, at which time I lowered the nose of the aircraft. We continued to climb at a lower pitch attitude and at approximately 3500' I saw the low wing small aircraft Y and immediately turned our aircraft to the left to avoid a collision. At which time the small aircraft Y also turned their aircraft to the left. In my judgement the controller should have, whether or not it was his job, taken the initiative to either have turned us off course, or he should have leveled us off at 3000' instead of letting us climb to our assigned altitude of 5000'.

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Original NASA ASRS Text

Title: ACR MLG ON CLIMBOUT FROM RWY 27 AT MLB HAS NMAC WITH OPPOSITE DIRECTION SMA.

Narrative: WE DEPARTED MLB 27L RWY HDG. WE WERE ADVISED BY DEP CTL THAT WE HAD TFC AT 12 O'CLOCK EBND AT 3600' MSL. WE WERE APPROX 2000' MSL, AT WHICH TIME I LOWERED THE NOSE OF THE ACFT. WE CONTINUED TO CLB AT A LOWER PITCH ATTITUDE AND AT APPROX 3500' I SAW THE LOW WING SMA Y AND IMMEDIATELY TURNED OUR ACFT TO THE LEFT TO AVOID A COLLISION. AT WHICH TIME THE SMA Y ALSO TURNED THEIR ACFT TO THE LEFT. IN MY JUDGEMENT THE CTLR SHOULD HAVE, WHETHER OR NOT IT WAS HIS JOB, TAKEN THE INITIATIVE TO EITHER HAVE TURNED US OFF COURSE, OR HE SHOULD HAVE LEVELED US OFF AT 3000' INSTEAD OF LETTING US CLB TO OUR ASSIGNED ALT OF 5000'.

Data retrieved from NASA's ASRS site as of July 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.