Narrative:

While flying at 16000 ft en route to roc, we had a near miss with a cargo DC8. Our aircraft was equipped with TCASII but the DC8 did not have such equipment onboard. The DC8 was given a visual climb clearance from center to 17000 ft. (DC8 was at 15000 ft.) we had DC8 in sight at about 8-10 mi out and he had about a 30-40 degree intercept course. There was no moonlight. What basically happened was that the DC8 climbed into our path instead of waiting to pass us before climbing. We got an RA from TCASII and a climb warning and the first officer responded swiftly. The first officer pulled into a 25 degree climb, and since we had a visual, rolled aircraft into a right 30 degree bank to avoid the DC8. After missing the aircraft, we returned to 16000 ft. I believe that this incident is good reason to examine the new visual clearance rules that en route controllers have been using. Especially at night where visual cues are almost nonexistent. It's also important to remember that en route visual clrncs happen at greater speeds. The last problem with night visual en route clrncs when heavy aircraft are involved is wake turbulence. Who provides wake turbulence separation if heavy aircraft is the one doing a visual climb?

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Original NASA ASRS Text

Title: FLC OF AN LTT CLBED AND TURNED IN RESPONSE TO A TCASII RA AND THE VISUAL SIGHTING ON A DC8 ON A VISUAL CLB.

Narrative: WHILE FLYING AT 16000 FT ENRTE TO ROC, WE HAD A NEAR MISS WITH A CARGO DC8. OUR ACFT WAS EQUIPPED WITH TCASII BUT THE DC8 DID NOT HAVE SUCH EQUIP ONBOARD. THE DC8 WAS GIVEN A VISUAL CLB CLRNC FROM CTR TO 17000 FT. (DC8 WAS AT 15000 FT.) WE HAD DC8 IN SIGHT AT ABOUT 8-10 MI OUT AND HE HAD ABOUT A 30-40 DEG INTERCEPT COURSE. THERE WAS NO MOONLIGHT. WHAT BASICALLY HAPPENED WAS THAT THE DC8 CLBED INTO OUR PATH INSTEAD OF WAITING TO PASS US BEFORE CLBING. WE GOT AN RA FROM TCASII AND A CLB WARNING AND THE FO RESPONDED SWIFTLY. THE FO PULLED INTO A 25 DEG CLB, AND SINCE WE HAD A VISUAL, ROLLED ACFT INTO A R 30 DEG BANK TO AVOID THE DC8. AFTER MISSING THE ACFT, WE RETURNED TO 16000 FT. I BELIEVE THAT THIS INCIDENT IS GOOD REASON TO EXAMINE THE NEW VISUAL CLRNC RULES THAT ENRTE CTLRS HAVE BEEN USING. ESPECIALLY AT NIGHT WHERE VISUAL CUES ARE ALMOST NONEXISTENT. IT'S ALSO IMPORTANT TO REMEMBER THAT ENRTE VISUAL CLRNCS HAPPEN AT GREATER SPDS. THE LAST PROB WITH NIGHT VISUAL ENRTE CLRNCS WHEN HVY ACFT ARE INVOLVED IS WAKE TURB. WHO PROVIDES WAKE TURB SEPARATION IF HVY ACFT IS THE ONE DOING A VISUAL CLB?

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.