Narrative:

We departed sna airport at approximately XA10 pm local time on a routine departure. We were proceeding on a heading of 210 degrees to intercept the sxc 084 degree radial at 8000 ft level. ATC referenced traffic at 6 mi at 9000 ft nebound. We made contact with the traffic at which time ATC said maintain visual and climb to 15000 ft. The PF started a slow climb with a subsequent warning to reduce climb on TCASII. He failed to react either by climbing up above 9000 ft or to stay at 8000 ft until clear of traffic. Too slow to react to the climb, we banked left 30 degrees and the other aircraft banked left to avoid contact. We had contact with the other aircraft but used poor judgement in climbing through their altitude. We heard nothing from ATC or the other aircraft but feel we were the cause of a possible disastrous situation. Prudence and caution should have been used either allowing the other aircraft to pass or to rapidly climb through their altitude while they were still 5- 6 mi away. Supplemental information from acn 295870: near midair collision occurred between an air carrier X flight departing sna and us, an air carrier Y at 9000 ft. ATC said 'Y, traffic 10 O'clock 3000 ft, climbing 8000 ft, report traffic in sight.' I had traffic in sight and reported so. ATC said 'X report Y 2 O'clock level 9000 ft.' X said 'in sight.' ATC said 'maintain visual separation reference Y 9000 ft (level), climb and maintain 15000 ft.' I saw the traffic climb as ATC said he was climbing to 15000 ft. As X was reporting us in sight, I was flashing my recognition and landing lights so as to stand out from all other traffic in the area. As I watched the X jet climb, I thought they would level at 8000 ft, then pass underneath us (they didn't). When they got too close for comfort, I grabbed the flight controls and rolled 30 degrees bank left out of the way. They went by at about the same altitude and estimate 300-500 ft ahead of us. They were so close I saw the distinctive orange and other colors on their tail. I also think my recognition lights went across their fuselage. Immediately after they passed us, we received wake turbulence from the B-737, by 2 distinctive bumps. I rolled the aircraft back on the assigned heading and was in total disbelief of what had happened. I believe X did not have us in sight. They must have mistaken someone else for us. I will in the future never accept a visual separation clearance or report traffic in sight if I ever think there will be any possible conflict. ATC should still maintain some semblance of control over this situation or give updates on distance at night, where distance is impossible to determine. Callback conversation with reporter revealed the following information: the reporter was flying level at 9000 ft between san and lax. About 90 percent of his flying is on this route. This was the last leg of the day on a clear night. The reporter had the intruder in sight. The intruder did not move in the windscreen indicating that it was coming directly at the reporter. The reporter banked away. 'I wanted to cry it was so close.' the reporter believes that socal approach could have given a little more help. Reporter will not call another aircraft in sight if there might be a conflict.

Related reports:

Google
 

Original NASA ASRS Text

Title: NMAC BTWN ACR MLG AND ACR LTT.

Narrative: WE DEPARTED SNA ARPT AT APPROX XA10 PM LCL TIME ON A ROUTINE DEP. WE WERE PROCEEDING ON A HDG OF 210 DEGS TO INTERCEPT THE SXC 084 DEG RADIAL AT 8000 FT LEVEL. ATC REFED TFC AT 6 MI AT 9000 FT NEBOUND. WE MADE CONTACT WITH THE TFC AT WHICH TIME ATC SAID MAINTAIN VISUAL AND CLB TO 15000 FT. THE PF STARTED A SLOW CLB WITH A SUBSEQUENT WARNING TO REDUCE CLB ON TCASII. HE FAILED TO REACT EITHER BY CLBING UP ABOVE 9000 FT OR TO STAY AT 8000 FT UNTIL CLR OF TFC. TOO SLOW TO REACT TO THE CLB, WE BANKED L 30 DEGS AND THE OTHER ACFT BANKED L TO AVOID CONTACT. WE HAD CONTACT WITH THE OTHER ACFT BUT USED POOR JUDGEMENT IN CLBING THROUGH THEIR ALT. WE HEARD NOTHING FROM ATC OR THE OTHER ACFT BUT FEEL WE WERE THE CAUSE OF A POSSIBLE DISASTROUS SIT. PRUDENCE AND CAUTION SHOULD HAVE BEEN USED EITHER ALLOWING THE OTHER ACFT TO PASS OR TO RAPIDLY CLB THROUGH THEIR ALT WHILE THEY WERE STILL 5- 6 MI AWAY. SUPPLEMENTAL INFO FROM ACN 295870: NMAC OCCURRED BTWN AN ACR X FLT DEPARTING SNA AND US, AN ACR Y AT 9000 FT. ATC SAID 'Y, TFC 10 O'CLOCK 3000 FT, CLBING 8000 FT, RPT TFC IN SIGHT.' I HAD TFC IN SIGHT AND RPTED SO. ATC SAID 'X RPT Y 2 O'CLOCK LEVEL 9000 FT.' X SAID 'IN SIGHT.' ATC SAID 'MAINTAIN VISUAL SEPARATION REF Y 9000 FT (LEVEL), CLB AND MAINTAIN 15000 FT.' I SAW THE TFC CLB AS ATC SAID HE WAS CLBING TO 15000 FT. AS X WAS RPTING US IN SIGHT, I WAS FLASHING MY RECOGNITION AND LNDG LIGHTS SO AS TO STAND OUT FROM ALL OTHER TFC IN THE AREA. AS I WATCHED THE X JET CLB, I THOUGHT THEY WOULD LEVEL AT 8000 FT, THEN PASS UNDERNEATH US (THEY DIDN'T). WHEN THEY GOT TOO CLOSE FOR COMFORT, I GRABBED THE FLT CTLS AND ROLLED 30 DEGS BANK L OUT OF THE WAY. THEY WENT BY AT ABOUT THE SAME ALT AND ESTIMATE 300-500 FT AHEAD OF US. THEY WERE SO CLOSE I SAW THE DISTINCTIVE ORANGE AND OTHER COLORS ON THEIR TAIL. I ALSO THINK MY RECOGNITION LIGHTS WENT ACROSS THEIR FUSELAGE. IMMEDIATELY AFTER THEY PASSED US, WE RECEIVED WAKE TURB FROM THE B-737, BY 2 DISTINCTIVE BUMPS. I ROLLED THE ACFT BACK ON THE ASSIGNED HDG AND WAS IN TOTAL DISBELIEF OF WHAT HAD HAPPENED. I BELIEVE X DID NOT HAVE US IN SIGHT. THEY MUST HAVE MISTAKEN SOMEONE ELSE FOR US. I WILL IN THE FUTURE NEVER ACCEPT A VISUAL SEPARATION CLRNC OR RPT TFC IN SIGHT IF I EVER THINK THERE WILL BE ANY POSSIBLE CONFLICT. ATC SHOULD STILL MAINTAIN SOME SEMBLANCE OF CTL OVER THIS SIT OR GIVE UPDATES ON DISTANCE AT NIGHT, WHERE DISTANCE IS IMPOSSIBLE TO DETERMINE. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: THE RPTR WAS FLYING LEVEL AT 9000 FT BTWN SAN AND LAX. ABOUT 90 PERCENT OF HIS FLYING IS ON THIS RTE. THIS WAS THE LAST LEG OF THE DAY ON A CLR NIGHT. THE RPTR HAD THE INTRUDER IN SIGHT. THE INTRUDER DID NOT MOVE IN THE WINDSCREEN INDICATING THAT IT WAS COMING DIRECTLY AT THE RPTR. THE RPTR BANKED AWAY. 'I WANTED TO CRY IT WAS SO CLOSE.' THE RPTR BELIEVES THAT SOCAL APCH COULD HAVE GIVEN A LITTLE MORE HELP. RPTR WILL NOT CALL ANOTHER ACFT IN SIGHT IF THERE MIGHT BE A CONFLICT.

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.