Narrative:

Climbing through 3300 ft I noticed I was overtaking an small aircraft flying straight and level at about 3500 ft. He was in level cruise and we were in an small transport climbing at our normal 200 KT ind airspeed. I deviated right and leveled off passing to the small aircraft right side by 150 ft or so. We were on an IFR flight plan under cleveland departure control 125.35. We were climbing into the sun with probably 5 mi in haze. Because of our direct up the tail approach to the small aircraft he had little or no relative movement to attract our attention as we were still cleaning up after takeoff items plus the windshield post concealed most of the small aircraft profile from my coplts view. After passing the small aircraft I asked the controller if he had any other traffic and then he reported a transponder had just come on with the mode C reading 3700 ft. I guess the small aircraft's transponder was intermittent and did not show up as a primary target.

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Original NASA ASRS Text

Title: AN SMT HAD A NMAC WITH AN SMA ON CLB OUT INTO THE SUN, THE SMT OVERTOOK THE SMA.

Narrative: CLBING THROUGH 3300 FT I NOTICED I WAS OVERTAKING AN SMA FLYING STRAIGHT AND LEVEL AT ABOUT 3500 FT. HE WAS IN LEVEL CRUISE AND WE WERE IN AN SMT CLBING AT OUR NORMAL 200 KT IND AIRSPD. I DEVIATED R AND LEVELED OFF PASSING TO THE SMA R SIDE BY 150 FT OR SO. WE WERE ON AN IFR FLT PLAN UNDER CLEVELAND DEP CTL 125.35. WE WERE CLBING INTO THE SUN WITH PROBABLY 5 MI IN HAZE. BECAUSE OF OUR DIRECT UP THE TAIL APCH TO THE SMA HE HAD LITTLE OR NO RELATIVE MOVEMENT TO ATTRACT OUR ATTN AS WE WERE STILL CLEANING UP AFTER TKOF ITEMS PLUS THE WINDSHIELD POST CONCEALED MOST OF THE SMA PROFILE FROM MY COPLTS VIEW. AFTER PASSING THE SMA I ASKED THE CTLR IF HE HAD ANY OTHER TFC AND THEN HE RPTED A TRANSPONDER HAD JUST COME ON WITH THE MODE C READING 3700 FT. I GUESS THE SMA'S TRANSPONDER WAS INTERMITTENT AND DID NOT SHOW UP AS A PRIMARY TARGET.

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.