Narrative:

Climbing out of pbi we were on an ARTCC directed heading of 030 degree and cleared to FL230. Between 11000' to 12000' ZMA (133.40) advised us of traffic at our 11 O'clock and about 10 mi at 13500'. We saw it at about 10-8 mi. There was a lot of activity on the radio so we kept an eye on the target. We started to see a possible conflict and at that time the other aircraft started a turn to his right. We initiated evasive action by turning to our right and away from the flight path of the other aircraft. ZMA then asked us to level off at 13000' and pointed out the target at our 10 O'clock and about 3 mi. Actually at that moment we were already through 13500' and traffic was passing our 8 O'clock position off our left wing. ZMA's call came late. I believe that a big part of the problem was center's reluctance to level us off and sep us vertically before seeing if we could spot each other. The angle and closure rate did not allow for much maneuvering had we seen each other later and I believe that in IMC conditions we may have collided. Even when the controller saw a conflict on radar her directions were not correct because we were already past the altitude she asked us to level off at and the position of both aircraft were not what she was calling out. Primary solution. Center should be decisive and timely when separating traffic, instead of letting a dangerous situation develop and risk not being able to transmit evasive directions to conflicting aircraft because the radios may get blocked by some other aircraft. I'm glad we were VFR!

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Original NASA ASRS Text

Title: ACR CAME CLOSE PROX TO ANOTHER ACFT DURING CLIMB.

Narrative: CLBING OUT OF PBI WE WERE ON AN ARTCC DIRECTED HDG OF 030 DEG AND CLRED TO FL230. BTWN 11000' TO 12000' ZMA (133.40) ADVISED US OF TFC AT OUR 11 O'CLOCK AND ABOUT 10 MI AT 13500'. WE SAW IT AT ABOUT 10-8 MI. THERE WAS A LOT OF ACTIVITY ON THE RADIO SO WE KEPT AN EYE ON THE TARGET. WE STARTED TO SEE A POSSIBLE CONFLICT AND AT THAT TIME THE OTHER ACFT STARTED A TURN TO HIS R. WE INITIATED EVASIVE ACTION BY TURNING TO OUR R AND AWAY FROM THE FLT PATH OF THE OTHER ACFT. ZMA THEN ASKED US TO LEVEL OFF AT 13000' AND POINTED OUT THE TARGET AT OUR 10 O'CLOCK AND ABOUT 3 MI. ACTUALLY AT THAT MOMENT WE WERE ALREADY THROUGH 13500' AND TFC WAS PASSING OUR 8 O'CLOCK POS OFF OUR L WING. ZMA'S CALL CAME LATE. I BELIEVE THAT A BIG PART OF THE PROB WAS CTR'S RELUCTANCE TO LEVEL US OFF AND SEP US VERTICALLY BEFORE SEEING IF WE COULD SPOT EACH OTHER. THE ANGLE AND CLOSURE RATE DID NOT ALLOW FOR MUCH MANEUVERING HAD WE SEEN EACH OTHER LATER AND I BELIEVE THAT IN IMC CONDITIONS WE MAY HAVE COLLIDED. EVEN WHEN THE CTLR SAW A CONFLICT ON RADAR HER DIRECTIONS WERE NOT CORRECT BECAUSE WE WERE ALREADY PAST THE ALT SHE ASKED US TO LEVEL OFF AT AND THE POS OF BOTH ACFT WERE NOT WHAT SHE WAS CALLING OUT. PRIMARY SOLUTION. CTR SHOULD BE DECISIVE AND TIMELY WHEN SEPARATING TFC, INSTEAD OF LETTING A DANGEROUS SITUATION DEVELOP AND RISK NOT BEING ABLE TO XMIT EVASIVE DIRECTIONS TO CONFLICTING ACFT BECAUSE THE RADIOS MAY GET BLOCKED BY SOME OTHER ACFT. I'M GLAD WE WERE VFR!

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.