Narrative:

While departing aurora, il, airport, and after being cleared to 3000 ft with an expect 5000 ft 10 mins later, I climbed in excess of 3000 to avoid another aircraft who was approaching my direction from a 1 O'clock position and heading right toward me. I kept climbing until I was sure that he would fly beneath me, and just about the time he crossed under me, chicago called me and asked my altitude, which I told him was 4500 ft (about 8-12 mins had already passed since my departure). The controller told me that I should have been at 3000 ft, but in the next breath told me to go ahead and climb on up to 5000 which I did, without giving any explanation to the controller as to why I climbed higher than 3000 ft. I was flying an small aircraft with only 2 persons on board and when I raised the nose to climb to avoid the other aircraft, it climbed 'fast' and I didn't realize how high I was climbing when I was trying to avoid the other aircraft. This was an IFR flight but it was a clear day with 30 mi visibility. The other plane was very far away at the time it flew under me. At the airport of intended landing, port columbus, oh, (cmh), while on an IFR flight at night with 30 mi visibility, I was cleared for the visual approach behind another airplane and was assigned #2 behind the other airplane. While waiting for the other airplane to pass in front of me from the opposite direction so that I could fall in behind him, the tower called me and asked 'why didn't you contact me'. I didn't know what he wanted me to tell him, since I had already responded that I had the airport in sight. Callback conversation with reporter revealed the following information: reporter seemed unsure of any real problem. Analyst counseled regarding communication with ATC any time he makes a change from clearance. Says he feels that great visibility probably contributed as he saw the traffic when still great distance away. But reacted. His landing situation he feels is lack of proper communication with ATC as well.

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Original NASA ASRS Text

Title: IFR PLT SIGHTS ASCENDING ACFT. FAILS TO STOP CLB WHILE TAKING EVASIVE ACTION. ALTDEV.

Narrative: WHILE DEPARTING AURORA, IL, ARPT, AND AFTER BEING CLRED TO 3000 FT WITH AN EXPECT 5000 FT 10 MINS LATER, I CLBED IN EXCESS OF 3000 TO AVOID ANOTHER ACFT WHO WAS APCHING MY DIRECTION FROM A 1 O'CLOCK POS AND HDG RIGHT TOWARD ME. I KEPT CLBING UNTIL I WAS SURE THAT HE WOULD FLY BENEATH ME, AND JUST ABOUT THE TIME HE CROSSED UNDER ME, CHICAGO CALLED ME AND ASKED MY ALT, WHICH I TOLD HIM WAS 4500 FT (ABOUT 8-12 MINS HAD ALREADY PASSED SINCE MY DEP). THE CTLR TOLD ME THAT I SHOULD HAVE BEEN AT 3000 FT, BUT IN THE NEXT BREATH TOLD ME TO GO AHEAD AND CLB ON UP TO 5000 WHICH I DID, WITHOUT GIVING ANY EXPLANATION TO THE CTLR AS TO WHY I CLBED HIGHER THAN 3000 FT. I WAS FLYING AN SMA WITH ONLY 2 PERSONS ON BOARD AND WHEN I RAISED THE NOSE TO CLB TO AVOID THE OTHER ACFT, IT CLBED 'FAST' AND I DIDN'T REALIZE HOW HIGH I WAS CLBING WHEN I WAS TRYING TO AVOID THE OTHER ACFT. THIS WAS AN IFR FLT BUT IT WAS A CLR DAY WITH 30 MI VISIBILITY. THE OTHER PLANE WAS VERY FAR AWAY AT THE TIME IT FLEW UNDER ME. AT THE ARPT OF INTENDED LNDG, PORT COLUMBUS, OH, (CMH), WHILE ON AN IFR FLT AT NIGHT WITH 30 MI VISIBILITY, I WAS CLRED FOR THE VISUAL APCH BEHIND ANOTHER AIRPLANE AND WAS ASSIGNED #2 BEHIND THE OTHER AIRPLANE. WHILE WAITING FOR THE OTHER AIRPLANE TO PASS IN FRONT OF ME FROM THE OPPOSITE DIRECTION SO THAT I COULD FALL IN BEHIND HIM, THE TWR CALLED ME AND ASKED 'WHY DIDN'T YOU CONTACT ME'. I DIDN'T KNOW WHAT HE WANTED ME TO TELL HIM, SINCE I HAD ALREADY RESPONDED THAT I HAD THE ARPT IN SIGHT. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: RPTR SEEMED UNSURE OF ANY REAL PROBLEM. ANALYST COUNSELED REGARDING COM WITH ATC ANY TIME HE MAKES A CHANGE FROM CLRNC. SAYS HE FEELS THAT GREAT VISIBILITY PROBABLY CONTRIBUTED AS HE SAW THE TFC WHEN STILL GREAT DISTANCE AWAY. BUT REACTED. HIS LNDG SITUATION HE FEELS IS LACK OF PROPER COM WITH ATC AS WELL.

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.