Commuter departs VFR to pick up IFR clearance airborne. Has close proximity with 727 on downwind in ...

Attributes
ACN	302816
Time
Date	199504
Day	Sun
Local Time Of Day	1201 To 1800
Place
Locale Reference	airport : hot
State Reference	AR
Altitude	msl bound lower : 4600 msl bound upper : 4600
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zme
Operator	common carrier : air carrier
Make Model Name	Commercial Fixed Wing
Operating Under FAR Part	Part 135
Flight Phase	climbout : intermediate altitude
Flight Plan	VFR
Aircraft 2
Operator	common carrier : air carrier
Make Model Name	B727 Undifferentiated or Other Model
Operating Under FAR Part	Part 121
Flight Phase	descent : approach
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp pilot : cfi
Experience	flight time last 90 days : 200 flight time total : 4500 flight time type : 3000
ASRS Report	302816
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : commercial pilot : instrument
Events
Anomaly	conflict : airborne less severe
Independent Detector	other flight crewa
Resolutory Action	other
Consequence	Other
Miss Distance	horizontal : 0 vertical : 1000
Supplementary
Air Traffic Incident	other

Narrative:

We taxied out of AB45Z at hot springs airport. We called ATC for our clearance to dfw. ATC said he had a baron outside of hossy NDB and then a 727 would be next for the approach and it would be AC10Z before he can give me clearance. I told him that I would take off VFR and call for clearance in the air. The WX at AB51Z was the following: measured 2400 ft broken 4200 ft overcast visibility 25 mi 112/55/45/2910 gusting 17 KTS, altimeter 29.87/binov. We departed runway 23 and made a left turn heading sebound to maintain VFR at all times. Over the lake there was a huge hole where I could climb and maintain VFR. Out of about 4300 ft MSL I saw the 727 at my 10 O'clock position and about 2 1/2 mi. I made a remark to my copilot 'there is the 727 on a downwind!' the 727 went under us about 800-1000 ft below. We called ATC, picked up our clearance and proceeded to dfw. Later I heard from dispatch the captain for the 727 had called and said that we came out of the clouds and had a near miss with him. This is not true we were VFR at all times, I saw the 727 well before he went under us and took no action to avoid him what so ever!

Original NASA ASRS Text

Title: COMMUTER DEPARTS VFR TO PICK UP IFR CLRNC AIRBORNE. HAS CLOSE PROX WITH 727 ON DOWNWIND IN THE PATTERN.

Narrative: WE TAXIED OUT OF AB45Z AT HOT SPRINGS ARPT. WE CALLED ATC FOR OUR CLRNC TO DFW. ATC SAID HE HAD A BARON OUTSIDE OF HOSSY NDB AND THEN A 727 WOULD BE NEXT FOR THE APCH AND IT WOULD BE AC10Z BEFORE HE CAN GIVE ME CLRNC. I TOLD HIM THAT I WOULD TAKE OFF VFR AND CALL FOR CLRNC IN THE AIR. THE WX AT AB51Z WAS THE FOLLOWING: MEASURED 2400 FT BROKEN 4200 FT OVCST VISIBILITY 25 MI 112/55/45/2910 GUSTING 17 KTS, ALTIMETER 29.87/BINOV. WE DEPARTED RWY 23 AND MADE A L TURN HDG SEBOUND TO MAINTAIN VFR AT ALL TIMES. OVER THE LAKE THERE WAS A HUGE HOLE WHERE I COULD CLB AND MAINTAIN VFR. OUT OF ABOUT 4300 FT MSL I SAW THE 727 AT MY 10 O'CLOCK POS AND ABOUT 2 1/2 MI. I MADE A REMARK TO MY COPLT 'THERE IS THE 727 ON A DOWNWIND!' THE 727 WENT UNDER US ABOUT 800-1000 FT BELOW. WE CALLED ATC, PICKED UP OUR CLRNC AND PROCEEDED TO DFW. LATER I HEARD FROM DISPATCH THE CAPT FOR THE 727 HAD CALLED AND SAID THAT WE CAME OUT OF THE CLOUDS AND HAD A NEAR MISS WITH HIM. THIS IS NOT TRUE WE WERE VFR AT ALL TIMES, I SAW THE 727 WELL BEFORE HE WENT UNDER US AND TOOK NO ACTION TO AVOID HIM WHAT SO EVER!

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.

Commuter departs VFR to pick up IFR clearance airborne. Has close proximity with 727 on downwind in the pattern.