Flight crew of light transport commuter aircraft on departure reports near midair collision with inbound C337. Reporter claims traffic was not issued by the local control. First officer sighted the C337 at one fourth mi. Reporter stopped SID turn and increased pitch for more separation. Supervisor told reporter that the controller had both the aircraft in sight and didn't feel there was a conflict.

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Attributes
ACN	351085
Time
Date	199610
Day	Tue
Local Time Of Day	1201 To 1800
Place
Locale Reference	airport : mry
State Reference	CA
Altitude	msl bound lower : 1000 msl bound upper : 1000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tower : mry
Operator	common carrier : air carrier
Make Model Name	Commercial Fixed Wing
Operating Under FAR Part	Part 135
Navigation In Use	Other Other
Flight Phase	climbout : initial cruise other
Route In Use	departure sid : sid
Flight Plan	IFR
Aircraft 2
Make Model Name	Super Skymaster
Operating Under FAR Part	other : unknown
Flight Phase	descent : approach other
Route In Use	approach : visual
Flight Plan	VFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : cfi pilot : atp
Experience	flight time last 90 days : 260 flight time total : 12000 flight time type : 2000
ASRS Report	351085
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : commercial pilot : instrument
Events
Anomaly	conflict : nmac other anomaly other
Independent Detector	other flight crewa
Resolutory Action	flight crew : took evasive action
Consequence	faa : reviewed incident with flight crew
Miss Distance	horizontal : 0 vertical : 700
Supplementary
Primary Problem	ATC Human Performance

Narrative:

Local controller was a little busy during our departure (only 2 in cabin attendant at the time) and he did not issue inbound traffic (a C337) to us. My first officer acquired target at 1/4 mi and we stopped our SID turn and pitched up to acquire a bit more separation. Later discussion with the supervisor in which he stated that the local controller had us both in sight and didn't feel there was a conflict. Well, considering that my first officer could read north numbers and see the other pilot's face, after our evasive action, I tend to disagree. Have allowed the supervisor to run his own investigation on the event with the provision that he report back to me. I haven't decided whether to file a formal report, yet! Medium facilities like mry need a little more staffing to run properly. Especially mry with all the itinerant IFR training traffic!

Original NASA ASRS Text

Title: FLC OF LTT COMMUTER ACFT ON DEP RPTS NMAC WITH INBOUND C337. RPTR CLAIMS TFC WAS NOT ISSUED BY THE LCL CTL. FO SIGHTED THE C337 AT ONE FOURTH MI. RPTR STOPPED SID TURN AND INCREASED PITCH FOR MORE SEPARATION. SUPVR TOLD RPTR THAT THE CTLR HAD BOTH THE ACFT IN SIGHT AND DIDN'T FEEL THERE WAS A CONFLICT.

Narrative: LCL CTLR WAS A LITTLE BUSY DURING OUR DEP (ONLY 2 IN CAB AT THE TIME) AND HE DID NOT ISSUE INBOUND TFC (A C337) TO US. MY FO ACQUIRED TARGET AT 1/4 MI AND WE STOPPED OUR SID TURN AND PITCHED UP TO ACQUIRE A BIT MORE SEPARATION. LATER DISCUSSION WITH THE SUPVR IN WHICH HE STATED THAT THE LCL CTLR HAD US BOTH IN SIGHT AND DIDN'T FEEL THERE WAS A CONFLICT. WELL, CONSIDERING THAT MY FO COULD READ N NUMBERS AND SEE THE OTHER PLT'S FACE, AFTER OUR EVASIVE ACTION, I TEND TO DISAGREE. HAVE ALLOWED THE SUPVR TO RUN HIS OWN INVESTIGATION ON THE EVENT WITH THE PROVISION THAT HE RPT BACK TO ME. I HAVEN'T DECIDED WHETHER TO FILE A FORMAL RPT, YET! MEDIUM FACILITIES LIKE MRY NEED A LITTLE MORE STAFFING TO RUN PROPERLY. ESPECIALLY MRY WITH ALL THE ITINERANT IFR TRAINING TFC!

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.