Narrative:

On departure runway 22R, ewr, climbing. Cleared from 6000 ft to 10000 ft, turn right heading 290 degrees. ATC called traffic at 2 O'clock, 8500 ft VFR squawk, unverified. We were cleared, turn right heading 330 degrees, 'wbound.' we read back the clearance and asked them to call the traffic again. Traffic again called at 2 O'clock, 8500 ft, wbound. ATC then told us to level at 8000 ft for that traffic he was not in contact with. Leveling at 8000 ft the so saw the traffic first, a bonanza descending just ahead and right very close. The captain (PF) pitched up and turned right to avoid the traffic, causing automatic slat extension. At top bug we had just began to level at 8000 ft and the bonanza was descending just above us, about our altitude. Our pitch and turn allowed the traffic to go under the nose of our airplane (DC10). We told ATC it was very close, they did a nice job of trying to get us around that traffic and we were cleared to 10000 ft and to change frequencys. FAA needs to require all heavy and large aircraft to have TCASII. Why are we excluded from this requirement? Are we not as important as an airplane full of passenger? 'One level of safety!' we were above the class B. I'm glad the bonanza had his transponder on and it had mode C and it worked. It's good that center was persistent calling VFR traffic in VMC conditions. I'm glad to be still flying a 3 pilot airplane with that extra set of eyes in heavy traffic which is only one of many reasons for flying 3 pilot airplanes -- safety!!

Related reports:

Google
 

Original NASA ASRS Text

Title: FLC OF A WDB TOOK EVASIVE ACTION CLB AND TURN TO AVOID ANOTHER ACFT CONVERGING THROUGH THEIR FLT PATH.

Narrative: ON DEP RWY 22R, EWR, CLBING. CLRED FROM 6000 FT TO 10000 FT, TURN R HDG 290 DEGS. ATC CALLED TFC AT 2 O'CLOCK, 8500 FT VFR SQUAWK, UNVERIFIED. WE WERE CLRED, TURN R HDG 330 DEGS, 'WBOUND.' WE READ BACK THE CLRNC AND ASKED THEM TO CALL THE TFC AGAIN. TFC AGAIN CALLED AT 2 O'CLOCK, 8500 FT, WBOUND. ATC THEN TOLD US TO LEVEL AT 8000 FT FOR THAT TFC HE WAS NOT IN CONTACT WITH. LEVELING AT 8000 FT THE SO SAW THE TFC FIRST, A BONANZA DSNDING JUST AHEAD AND R VERY CLOSE. THE CAPT (PF) PITCHED UP AND TURNED R TO AVOID THE TFC, CAUSING AUTO SLAT EXTENSION. AT TOP BUG WE HAD JUST BEGAN TO LEVEL AT 8000 FT AND THE BONANZA WAS DSNDING JUST ABOVE US, ABOUT OUR ALT. OUR PITCH AND TURN ALLOWED THE TFC TO GO UNDER THE NOSE OF OUR AIRPLANE (DC10). WE TOLD ATC IT WAS VERY CLOSE, THEY DID A NICE JOB OF TRYING TO GET US AROUND THAT TFC AND WE WERE CLRED TO 10000 FT AND TO CHANGE FREQS. FAA NEEDS TO REQUIRE ALL HVY AND LARGE ACFT TO HAVE TCASII. WHY ARE WE EXCLUDED FROM THIS REQUIREMENT? ARE WE NOT AS IMPORTANT AS AN AIRPLANE FULL OF PAX? 'ONE LEVEL OF SAFETY!' WE WERE ABOVE THE CLASS B. I'M GLAD THE BONANZA HAD HIS XPONDER ON AND IT HAD MODE C AND IT WORKED. IT'S GOOD THAT CTR WAS PERSISTENT CALLING VFR TFC IN VMC CONDITIONS. I'M GLAD TO BE STILL FLYING A 3 PLT AIRPLANE WITH THAT EXTRA SET OF EYES IN HVY TFC WHICH IS ONLY ONE OF MANY REASONS FOR FLYING 3 PLT AIRPLANES -- SAFETY!!

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.