Narrative:

While in cruise at 12000 ft we were issued a TA at our 10 O'clock position and 10000 ft crossing from left to right. We were also pointed out to the other aircraft (a be-90) and the pilot of the king air reported us in sight and we also acquired the king air visually and on TCASII. The controller then issued a climb to FL180 to the king air and to 'maintain visual' with the ATR. I told the first officer that even though we were visual, it would be very tight. As the king air climbed, it became obvious that adequate separation could not be maintained. The king air did not alter course or climb rate and I finally took evasive action by turning left behind the king air. We passed within 500 ft of the king air who still made no move to avoid us. Had I not taken evasive action, there is no doubt in my mind we would have hit. The king air pilot was told to maintain visual contact with us in the climb, yet made no move to avoid an obvious collision. It was obvious that the pilot never looked out the window because if he had, our aircraft would have filled his field of view and he would have altered course to avoid us. One wonders how such a basic see and avoid could degrade into a near miss on a clear day, both aircraft on an IFR clearance and both had visual contact with the other!

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Original NASA ASRS Text

Title: NMAC BTWN 2 ACFT THAT ATC ADVISED OF TFC TO EACH AND INSTRUCTED ONE TO MAINTAIN VISUAL SEPARATION WITH THE OTHER WHILE CLBING THROUGH THE OTHER'S ALT.

Narrative: WHILE IN CRUISE AT 12000 FT WE WERE ISSUED A TA AT OUR 10 O'CLOCK POS AND 10000 FT XING FROM L TO R. WE WERE ALSO POINTED OUT TO THE OTHER ACFT (A BE-90) AND THE PLT OF THE KING AIR RPTED US IN SIGHT AND WE ALSO ACQUIRED THE KING AIR VISUALLY AND ON TCASII. THE CTLR THEN ISSUED A CLB TO FL180 TO THE KING AIR AND TO 'MAINTAIN VISUAL' WITH THE ATR. I TOLD THE FO THAT EVEN THOUGH WE WERE VISUAL, IT WOULD BE VERY TIGHT. AS THE KING AIR CLBED, IT BECAME OBVIOUS THAT ADEQUATE SEPARATION COULD NOT BE MAINTAINED. THE KING AIR DID NOT ALTER COURSE OR CLB RATE AND I FINALLY TOOK EVASIVE ACTION BY TURNING L BEHIND THE KING AIR. WE PASSED WITHIN 500 FT OF THE KING AIR WHO STILL MADE NO MOVE TO AVOID US. HAD I NOT TAKEN EVASIVE ACTION, THERE IS NO DOUBT IN MY MIND WE WOULD HAVE HIT. THE KING AIR PLT WAS TOLD TO MAINTAIN VISUAL CONTACT WITH US IN THE CLB, YET MADE NO MOVE TO AVOID AN OBVIOUS COLLISION. IT WAS OBVIOUS THAT THE PLT NEVER LOOKED OUT THE WINDOW BECAUSE IF HE HAD, OUR ACFT WOULD HAVE FILLED HIS FIELD OF VIEW AND HE WOULD HAVE ALTERED COURSE TO AVOID US. ONE WONDERS HOW SUCH A BASIC SEE AND AVOID COULD DEGRADE INTO A NEAR MISS ON A CLR DAY, BOTH ACFT ON AN IFR CLRNC AND BOTH HAD VISUAL CONTACT WITH THE OTHER!

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.