Close proximity air carrier-medium large transport GA-small aircraft south of sjc.

Attributes
ACN	164270
Time
Date	199011
Day	Sun
Local Time Of Day	1201 To 1800
Place
Locale Reference	airport : sjc
State Reference	CA
Altitude	msl bound lower : 10600 msl bound upper : 11000
Environment
Flight Conditions	Mixed
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zoa
Operator	common carrier : air carrier
Make Model Name	Medium Large Transport, Low Wing, 2 Turbojet Eng
Navigation In Use	Other Other
Flight Phase	climbout : intermediate altitude
Route In Use	enroute : direct enroute airway : zoa
Flight Plan	IFR
Aircraft 2
Make Model Name	Small Aircraft, Low Wing, 1 Eng, Retractable Gear
Flight Phase	cruise other
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 160 flight time total : 9560 flight time type : 900
ASRS Report	164270
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : atp
Events
Anomaly	conflict : nmac non adherence : required legal separation non adherence : published procedure
Independent Detector	other flight crewa
Resolutory Action	flight crew : took evasive action
Consequence	faa : investigated faa : reviewed incident with flight crew Other
Miss Distance	horizontal : 0 vertical : 500
Supplementary
Primary Problem	ATC Human Performance
Air Traffic Incident	Inter Facility Coordination Failure Operational Error

Narrative:

After 30 min delay at runway (according to ATC to allow sfo to change from south to west operation), we departed sjc to the south (straight out). Clearance was to FL230. At 10000' I reduced rate of climb to accelerate. Passing 10500-10600', I saw an small aircraft as it xed my windscreen (left to right) at 11000'. Aircraft passed directly over my medium large transport within 500' vertically. Had I not been accelerating for climb, there is no doubt I would have run directly into him. We were VMC between levels in the climb. My copilot asked center if he was showing the small aircraft on radar. Oakland replied that he was and he thought sfo approach was working him. We apparently had two aircraft under positive control by ATC, one cleared through the other's altitude, on a perpendicular collision course that only missed a certain collision because I had decided to accelerate (by reducing climb) just prior to that point. When I reported the incident to my company, I was unofficially told what I already knew, since it was a controller error, there would be no action since we missed the other plane, but had the error been mine, the violation would already be filed.

Original NASA ASRS Text

Title: CLOSE PROX ACR-MLG GA-SMA SOUTH OF SJC.

Narrative: AFTER 30 MIN DELAY AT RWY (ACCORDING TO ATC TO ALLOW SFO TO CHANGE FROM S TO W OPERATION), WE DEPARTED SJC TO THE S (STRAIGHT OUT). CLRNC WAS TO FL230. AT 10000' I REDUCED RATE OF CLB TO ACCELERATE. PASSING 10500-10600', I SAW AN SMA AS IT XED MY WINDSCREEN (L TO R) AT 11000'. ACFT PASSED DIRECTLY OVER MY MLG WITHIN 500' VERTICALLY. HAD I NOT BEEN ACCELERATING FOR CLB, THERE IS NO DOUBT I WOULD HAVE RUN DIRECTLY INTO HIM. WE WERE VMC BTWN LEVELS IN THE CLB. MY COPLT ASKED CTR IF HE WAS SHOWING THE SMA ON RADAR. OAKLAND REPLIED THAT HE WAS AND HE THOUGHT SFO APCH WAS WORKING HIM. WE APPARENTLY HAD TWO ACFT UNDER POSITIVE CTL BY ATC, ONE CLRED THROUGH THE OTHER'S ALT, ON A PERPENDICULAR COLLISION COURSE THAT ONLY MISSED A CERTAIN COLLISION BECAUSE I HAD DECIDED TO ACCELERATE (BY REDUCING CLB) JUST PRIOR TO THAT POINT. WHEN I RPTED THE INCIDENT TO MY COMPANY, I WAS UNOFFICIALLY TOLD WHAT I ALREADY KNEW, SINCE IT WAS A CTLR ERROR, THERE WOULD BE NO ACTION SINCE WE MISSED THE OTHER PLANE, BUT HAD THE ERROR BEEN MINE, THE VIOLATION WOULD ALREADY BE FILED.

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.