Narrative:

Mlb tower cleared us for takeoff. Upon switching to 'patrick approach' (our departure controller). We were advised of conflicting traffic descending to 1600 ft MLS. Type aircraft in conflict was an small aircraft. He appeared alarmingly close, so we exercised our judgement and steered right by 90 degree, I as captain considered this as evasive action; patrick approach didn't offer any solution or any suggestion as instructing us how to avoid traffic until we were established already in a right steep turn. Takeoff runway was mlb's 9R, through about 600 or 700 ft, with a 'high' rate of climb, patrick pointed out small aircraft at 11 O'clock, moving left to right, and descending to 1600 ft MSL. With our rate of climb, a potential conflict was imminent. Our magnetic heading was about 090 degree (approximately consistent with runway 9R magnetic course). 'Patrick' advised a left turn would have been better. (Note: past tense; ie, I use the word 'past' to show a distinction of form in the verb 'advised' to express distinction of time or duration of the late action patrick demonstrated). Thus, any influential instruction by 'patrick' was non advisable! Upon established on a 180 degree heading, and climbing to assigned altitude of 5000 ft, I as PNF kept a vigilant look-out for the small aircraft (we were now in and out of clouds). The PF inadvertently; however not because he was inattentive, flew through 5000 ft by 250 ft, then recovered in as much as our aircraft would allow. Note: our aircraft is not certified for negative acceleration of gravity. We were both nervously upset by this conflict and the way in which patrick and mlb tower handled this. We believe it could have been avoided if patrick communicated with mlb tower just prior to our takeoff clearance.

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Original NASA ASRS Text

Title: SMT CLBING OUT OF MLB HAS NMAC WITH SMA AND OVERSHOOTS HIS ASSIGNED ALT.

Narrative: MLB TWR CLRED US FOR TKOF. UPON SWITCHING TO 'PATRICK APCH' (OUR DEP CTLR). WE WERE ADVISED OF CONFLICTING TFC DSNDING TO 1600 FT MLS. TYPE ACFT IN CONFLICT WAS AN SMA. HE APPEARED ALARMINGLY CLOSE, SO WE EXERCISED OUR JUDGEMENT AND STEERED R BY 90 DEG, I AS CAPT CONSIDERED THIS AS EVASIVE ACTION; PATRICK APCH DIDN'T OFFER ANY SOLUTION OR ANY SUGGESTION AS INSTRUCTING US HOW TO AVOID TFC UNTIL WE WERE ESTABLISHED ALREADY IN A R STEEP TURN. TKOF RWY WAS MLB'S 9R, THROUGH ABOUT 600 OR 700 FT, WITH A 'HIGH' RATE OF CLB, PATRICK POINTED OUT SMA AT 11 O'CLOCK, MOVING L TO R, AND DSNDING TO 1600 FT MSL. WITH OUR RATE OF CLB, A POTENTIAL CONFLICT WAS IMMINENT. OUR MAGNETIC HDG WAS ABOUT 090 DEG (APPROX CONSISTENT WITH RWY 9R MAG COURSE). 'PATRICK' ADVISED A L TURN WOULD HAVE BEEN BETTER. (NOTE: PAST TENSE; IE, I USE THE WORD 'PAST' TO SHOW A DISTINCTION OF FORM IN THE VERB 'ADVISED' TO EXPRESS DISTINCTION OF TIME OR DURATION OF THE LATE ACTION PATRICK DEMONSTRATED). THUS, ANY INFLUENTIAL INSTRUCTION BY 'PATRICK' WAS NON ADVISABLE! UPON ESTABLISHED ON A 180 DEG HDG, AND CLBING TO ASSIGNED ALT OF 5000 FT, I AS PNF KEPT A VIGILANT LOOK-OUT FOR THE SMA (WE WERE NOW IN AND OUT OF CLOUDS). THE PF INADVERTENTLY; HOWEVER NOT BECAUSE HE WAS INATTENTIVE, FLEW THROUGH 5000 FT BY 250 FT, THEN RECOVERED IN AS MUCH AS OUR ACFT WOULD ALLOW. NOTE: OUR ACFT IS NOT CERTIFIED FOR NEGATIVE ACCELERATION OF GRAVITY. WE WERE BOTH NERVOUSLY UPSET BY THIS CONFLICT AND THE WAY IN WHICH PATRICK AND MLB TWR HANDLED THIS. WE BELIEVE IT COULD HAVE BEEN AVOIDED IF PATRICK COMMUNICATED WITH MLB TWR JUST PRIOR TO OUR TKOF CLRNC.

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.