Light transport requesting IFR clearance climbs through occupied altitude.

Attributes
ACN	284152
Time
Date	199409
Day	Wed
Local Time Of Day	1801 To 2400
Place
Locale Reference	airport : bjj
State Reference	OH
Altitude	msl bound lower : 7000 msl bound upper : 8000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : cak tower : ont
Operator	general aviation : corporate
Make Model Name	Any Unknown or Unlisted Aircraft Manufacturer
Operating Under FAR Part	Part 91
Flight Phase	climbout : intermediate altitude
Flight Plan	None
Aircraft 2
Make Model Name	Any Unknown or Unlisted Aircraft Manufacturer
Operating Under FAR Part	other : unknown
Flight Phase	cruise other
Flight Plan	IFR
Person 1
Affiliation	Other
Function	flight crew : first officer
Qualification	pilot : commercial pilot : instrument
Experience	flight time last 90 days : 92 flight time total : 2920
ASRS Report	284152
Person 2
Affiliation	Other
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Events
Anomaly	conflict : nmac
Independent Detector	other flight crewa
Resolutory Action	flight crew : took evasive action other
Consequence	Other
Supplementary
Primary Problem	Flight Crew Human Performance

Narrative:

Had just departed the airport, VFR, looking to pick up an IFR with akron departure. Departure gave us a squawk code and a TA and 'suggested' we maintain 7000 ft to avoid traffic at 8000 ft. The suggestion was given to us as we were passing through 7000 ft. By the time we leveled we were at 8000 ft with traffic converging. We decided to continue our climb to our original predetermined altitude of 10500 ft. Contributing factors: should have picked up the IFR clearance on the ground, should not have taken the suggestion to level at 7000 ft due to our high rate of climb.

Original NASA ASRS Text

Title: LTT REQUESTING IFR CLRNC CLBS THROUGH OCCUPIED ALT.

Narrative: HAD JUST DEPARTED THE ARPT, VFR, LOOKING TO PICK UP AN IFR WITH AKRON DEP. DEP GAVE US A SQUAWK CODE AND A TA AND 'SUGGESTED' WE MAINTAIN 7000 FT TO AVOID TFC AT 8000 FT. THE SUGGESTION WAS GIVEN TO US AS WE WERE PASSING THROUGH 7000 FT. BY THE TIME WE LEVELED WE WERE AT 8000 FT WITH TFC CONVERGING. WE DECIDED TO CONTINUE OUR CLB TO OUR ORIGINAL PREDETERMINED ALT OF 10500 FT. CONTRIBUTING FACTORS: SHOULD HAVE PICKED UP THE IFR CLRNC ON THE GND, SHOULD NOT HAVE TAKEN THE SUGGESTION TO LEVEL AT 7000 FT DUE TO OUR HIGH RATE OF CLB.

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.