Narrative:

The clearance was as follows: depart runway 26L, runway heading to 1400 ft, left climbing turn to 130 degree heading, and 4000 ft to intercept the pom 164 degree radial to prado intersection, V16 paradise VOR, paradise 130 degree radial to intercept V64 thermal, twentynine palms, as filed (RNAV direct ict) expecting FL390. We departed using normal noise abatement procedures and in compliance with our clearance entered a left climbing turn when we reached 1400 ft MSL. As we were passing 2800-3000 ft and turning through 150 degrees we encountered what I will say was virga. As we exited the precipitation we passed an aircraft (piper type -- archer, warrior, etc) in a nearly head-on situation. I was solely on instruments and only noted with my peripheral vision that the right side of the windshield had 'blinked' brown (or dark red). When I asked the first officer if we had passed a bird, he indicated we had just missed an archer type who appeared to be in a hard left turn with his wingtip missing ours by a few ft. When we asked departure control about the traffic, we were told that the tower had been informed. To the best of my knowledge we were never given any information concerning this traffic. I must say being informed of this traffic in this situation would have been of little consequence. Callback conversation with reporter revealed the following information: reporter states his aircraft was a lear 24 with the fast wing. He feels the other aircraft was avoiding the virga which they had just passed through in order to maintain VFR. He was definitely not VFR at the time due to proximity of clouds. When questioning approach about the aircraft, approach indicated they had notified the tower of the traffic. Reporter was never issued this traffic. He feels there is very poor coordination between the tower controller and the class C TRACON personnel. This airport is beneath the floor of the class C airspace and the abrupt turn is toward the class C area. These aircraft were not talking to the same controller which is part of the problem, but their position should be coordination between the controllers. Reporter mentioned the experience to both his chief pilot and director of operations who had both been issued the same standard clearance but in different aircraft and both feel it is an accident waiting to happen. Reporter stated he will refuse to take a lear jet into that airport again as he feels the speed is just too great for that area with such poor procedures.

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Original NASA ASRS Text

Title: LEAR 24 HAS NMAC WHEN DEPARTING CLASS D AIRSPACE ON AN IFR FLT PLAN AND ENTERING CLASS C AIRSPACE.

Narrative: THE CLRNC WAS AS FOLLOWS: DEPART RWY 26L, RWY HDG TO 1400 FT, L CLBING TURN TO 130 DEG HDG, AND 4000 FT TO INTERCEPT THE POM 164 DEG RADIAL TO PRADO INTXN, V16 PARADISE VOR, PARADISE 130 DEG RADIAL TO INTERCEPT V64 THERMAL, TWENTYNINE PALMS, AS FILED (RNAV DIRECT ICT) EXPECTING FL390. WE DEPARTED USING NORMAL NOISE ABATEMENT PROCS AND IN COMPLIANCE WITH OUR CLRNC ENTERED A L CLBING TURN WHEN WE REACHED 1400 FT MSL. AS WE WERE PASSING 2800-3000 FT AND TURNING THROUGH 150 DEGS WE ENCOUNTERED WHAT I WILL SAY WAS VIRGA. AS WE EXITED THE PRECIP WE PASSED AN ACFT (PIPER TYPE -- ARCHER, WARRIOR, ETC) IN A NEARLY HEAD-ON SIT. I WAS SOLELY ON INSTS AND ONLY NOTED WITH MY PERIPHERAL VISION THAT THE R SIDE OF THE WINDSHIELD HAD 'BLINKED' BROWN (OR DARK RED). WHEN I ASKED THE FO IF WE HAD PASSED A BIRD, HE INDICATED WE HAD JUST MISSED AN ARCHER TYPE WHO APPEARED TO BE IN A HARD L TURN WITH HIS WINGTIP MISSING OURS BY A FEW FT. WHEN WE ASKED DEP CTL ABOUT THE TFC, WE WERE TOLD THAT THE TWR HAD BEEN INFORMED. TO THE BEST OF MY KNOWLEDGE WE WERE NEVER GIVEN ANY INFO CONCERNING THIS TFC. I MUST SAY BEING INFORMED OF THIS TFC IN THIS SIT WOULD HAVE BEEN OF LITTLE CONSEQUENCE. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: RPTR STATES HIS ACFT WAS A LEAR 24 WITH THE FAST WING. HE FEELS THE OTHER ACFT WAS AVOIDING THE VIRGA WHICH THEY HAD JUST PASSED THROUGH IN ORDER TO MAINTAIN VFR. HE WAS DEFINITELY NOT VFR AT THE TIME DUE TO PROX OF CLOUDS. WHEN QUESTIONING APCH ABOUT THE ACFT, APCH INDICATED THEY HAD NOTIFIED THE TWR OF THE TFC. RPTR WAS NEVER ISSUED THIS TFC. HE FEELS THERE IS VERY POOR COORD BTWN THE TWR CTLR AND THE CLASS C TRACON PERSONNEL. THIS ARPT IS BENEATH THE FLOOR OF THE CLASS C AIRSPACE AND THE ABRUPT TURN IS TOWARD THE CLASS C AREA. THESE ACFT WERE NOT TALKING TO THE SAME CTLR WHICH IS PART OF THE PROB, BUT THEIR POS SHOULD BE COORD BTWN THE CTLRS. RPTR MENTIONED THE EXPERIENCE TO BOTH HIS CHIEF PLT AND DIRECTOR OF OPS WHO HAD BOTH BEEN ISSUED THE SAME STANDARD CLRNC BUT IN DIFFERENT ACFT AND BOTH FEEL IT IS AN ACCIDENT WAITING TO HAPPEN. RPTR STATED HE WILL REFUSE TO TAKE A LEAR JET INTO THAT ARPT AGAIN AS HE FEELS THE SPD IS JUST TOO GREAT FOR THAT AREA WITH SUCH POOR PROCS.

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.