Narrative:

This problem arose due to lack of attention or understanding or experience on the part of the controller. We were flying the oveto 8 departure mlf transition. We were at 9000' and told to climb to 15000'. ATC said there was an small transport jet at 1 O'clock, out of 13000' climbing to 17000'. I looked at the captain and said, 'that's odd.' he reconfirmed we were cleared to 15000'. We were very light. VNAV was engaged and our rate of climb was about 4000 FPM initially. I told the captain that we were closing on the small transport and it didn't look good to me. He said he had the small transport in sight. When it was obvious we were going to hit him, I took evasive action 30-45 degree bank left turn and told the captain to advise ATC we were deviating left to avoid small transport. He did so. ATC said the small transport was 3 O'clock, 1 mi, and 'don't deviate too far left!' I rolled out on a diverging course at 15000' and I estimate the small transport to have been 2000-3000' off our right wing. The small transport pilot's comment was 'wow, that's pretty.' ATC said nothing and the captain's comment was 'we have him in sight.' maybe ATC's equipment was not functioning well or was not capable of keeping up with our climb rate. I know las has been doing a lot of training. Maybe that was part of the problem. If we had been IMC, we would have hit him or had an even closer call. When VMC, stay alert, and deviate when in doubt. Apparently no warnings were sounded at ATC. We sure weren't given any.

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Original NASA ASRS Text

Title: FLT CREW OF ACR MLG COMES INTO CLOSE PROX WITH SMT CORP JET DUE TO THE FACT THAT THE MLG OVERTOOK THE SMT WHILE THE SMT WAS CLIMBING THROUGH HIS ALT AS INSTRUCTED BY ATC.

Narrative: THIS PROB AROSE DUE TO LACK OF ATTN OR UNDERSTANDING OR EXPERIENCE ON THE PART OF THE CTLR. WE WERE FLYING THE OVETO 8 DEP MLF TRANSITION. WE WERE AT 9000' AND TOLD TO CLB TO 15000'. ATC SAID THERE WAS AN SMT JET AT 1 O'CLOCK, OUT OF 13000' CLBING TO 17000'. I LOOKED AT THE CAPT AND SAID, 'THAT'S ODD.' HE RECONFIRMED WE WERE CLRED TO 15000'. WE WERE VERY LIGHT. VNAV WAS ENGAGED AND OUR RATE OF CLB WAS ABOUT 4000 FPM INITIALLY. I TOLD THE CAPT THAT WE WERE CLOSING ON THE SMT AND IT DIDN'T LOOK GOOD TO ME. HE SAID HE HAD THE SMT IN SIGHT. WHEN IT WAS OBVIOUS WE WERE GOING TO HIT HIM, I TOOK EVASIVE ACTION 30-45 DEG BANK LEFT TURN AND TOLD THE CAPT TO ADVISE ATC WE WERE DEVIATING LEFT TO AVOID SMT. HE DID SO. ATC SAID THE SMT WAS 3 O'CLOCK, 1 MI, AND 'DON'T DEVIATE TOO FAR LEFT!' I ROLLED OUT ON A DIVERGING COURSE AT 15000' AND I ESTIMATE THE SMT TO HAVE BEEN 2000-3000' OFF OUR RIGHT WING. THE SMT PLT'S COMMENT WAS 'WOW, THAT'S PRETTY.' ATC SAID NOTHING AND THE CAPT'S COMMENT WAS 'WE HAVE HIM IN SIGHT.' MAYBE ATC'S EQUIP WAS NOT FUNCTIONING WELL OR WAS NOT CAPABLE OF KEEPING UP WITH OUR CLB RATE. I KNOW LAS HAS BEEN DOING A LOT OF TRNING. MAYBE THAT WAS PART OF THE PROB. IF WE HAD BEEN IMC, WE WOULD HAVE HIT HIM OR HAD AN EVEN CLOSER CALL. WHEN VMC, STAY ALERT, AND DEVIATE WHEN IN DOUBT. APPARENTLY NO WARNINGS WERE SOUNDED AT ATC. WE SURE WEREN'T GIVEN ANY.

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.