Narrative:

After picking up aircraft from mzj and flying it empty in order to place it in lax for positioning we had just taken off from mzj. Climbing through 8500 ft MSL I advised the first officer that we had on TCASII, an aircraft at 12 O'clock approximately 8 mi coming toward us and he was climbing out as well. Since the first officer was flying at the time I assumed he would level off. Instead, and to my surprise, he pulled back on the controls and tried to out climb the traffic, he said 'I have the traffic in sight.' I again looked at the TCASII and the traffic was still climbing and still coming at us. Our climb rate was 3500 FPM and we were 5 mi from the traffic. I told the first officer to turn right to get out of the way. By this time our altitudes were only 1500 ft apart. We weren't turning fast enough before I said 'turn faster' to the first officer we had already gotten a traffic alert from the TCASII after we started our initial right turn. Approximately 6 seconds later we got a 'descend' alert from the TCASII . The first officer chose to ignore the TCASII warning and that's when I chose to get angry and yelled to him 'turn faster.' we passed the traffic off to my left. I saw the traffic take an evasive turn to his right. We passed each other approximately 1 mi apart horizontally and 200 ft vertically. We were climbing out VFR and I was trying to pick up our IFR clearance. I was talking to tucson approach and they had just switched me to ZAB when the event occurred. I had not received my IFR clearance nor my squawk code yet. I was advised to squawk 'standby' when we took evasive action. Upon questioning the first officer as to his actions later, he said he had a visual on the traffic the whole time and that since we were VFR he decided to disregard the TCASII warning. I told him since we both had to take evasive actions his decision was a poor one. (Stronger language was used). He said since we were VFR he didn't have to obey the TCASII when he had the traffic in sight. I told him since we both had to make a hard right turn it was obvious he made a bad decision. The whole incident took less than 30 seconds from the time the first officer pulled up until we passed the traffic. I firmly believe in the TCASII system.

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Original NASA ASRS Text

Title: TCASII. EVASIVE ACFT MANEUVER.

Narrative: AFTER PICKING UP ACFT FROM MZJ AND FLYING IT EMPTY IN ORDER TO PLACE IT IN LAX FOR POSITIONING WE HAD JUST TAKEN OFF FROM MZJ. CLBING THROUGH 8500 FT MSL I ADVISED THE FO THAT WE HAD ON TCASII, AN ACFT AT 12 O'CLOCK APPROX 8 MI COMING TOWARD US AND HE WAS CLBING OUT AS WELL. SINCE THE FO WAS FLYING AT THE TIME I ASSUMED HE WOULD LEVEL OFF. INSTEAD, AND TO MY SURPRISE, HE PULLED BACK ON THE CTLS AND TRIED TO OUT CLB THE TFC, HE SAID 'I HAVE THE TFC IN SIGHT.' I AGAIN LOOKED AT THE TCASII AND THE TFC WAS STILL CLBING AND STILL COMING AT US. OUR CLB RATE WAS 3500 FPM AND WE WERE 5 MI FROM THE TFC. I TOLD THE FO TO TURN R TO GET OUT OF THE WAY. BY THIS TIME OUR ALTS WERE ONLY 1500 FT APART. WE WEREN'T TURNING FAST ENOUGH BEFORE I SAID 'TURN FASTER' TO THE FO WE HAD ALREADY GOTTEN A TFC ALERT FROM THE TCASII AFTER WE STARTED OUR INITIAL R TURN. APPROX 6 SECONDS LATER WE GOT A 'DSND' ALERT FROM THE TCASII . THE FO CHOSE TO IGNORE THE TCASII WARNING AND THAT'S WHEN I CHOSE TO GET ANGRY AND YELLED TO HIM 'TURN FASTER.' WE PASSED THE TFC OFF TO MY L. I SAW THE TFC TAKE AN EVASIVE TURN TO HIS R. WE PASSED EACH OTHER APPROX 1 MI APART HORIZLY AND 200 FT VERTLY. WE WERE CLBING OUT VFR AND I WAS TRYING TO PICK UP OUR IFR CLRNC. I WAS TALKING TO TUCSON APCH AND THEY HAD JUST SWITCHED ME TO ZAB WHEN THE EVENT OCCURRED. I HAD NOT RECEIVED MY IFR CLRNC NOR MY SQUAWK CODE YET. I WAS ADVISED TO SQUAWK 'STANDBY' WHEN WE TOOK EVASIVE ACTION. UPON QUESTIONING THE FO AS TO HIS ACTIONS LATER, HE SAID HE HAD A VISUAL ON THE TFC THE WHOLE TIME AND THAT SINCE WE WERE VFR HE DECIDED TO DISREGARD THE TCASII WARNING. I TOLD HIM SINCE WE BOTH HAD TO TAKE EVASIVE ACTIONS HIS DECISION WAS A POOR ONE. (STRONGER LANGUAGE WAS USED). HE SAID SINCE WE WERE VFR HE DIDN'T HAVE TO OBEY THE TCASII WHEN HE HAD THE TFC IN SIGHT. I TOLD HIM SINCE WE BOTH HAD TO MAKE A HARD R TURN IT WAS OBVIOUS HE MADE A BAD DECISION. THE WHOLE INCIDENT TOOK LESS THAN 30 SECONDS FROM THE TIME THE FO PULLED UP UNTIL WE PASSED THE TFC. I FIRMLY BELIEVE IN THE TCASII SYS.

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.