Narrative:

We were at 14000 ft MSL flying direct to the quitman, tx, VOR. Our position was around 85 DME on the 220 degree radial from quitman VOR. Our speed was around 300 KIAS. ZFW had stopped our climb to FL230 at 14000 ft because of traffic. ZFW said our traffic was an ATR at 11 O'clock, 10-12 mi leveling at 15000 ft MSL. We called the traffic in sight even though we did not see the actual aircraft but the ATR's white strobe light was easily visible. The ATR was closing our position but did not appear to be going very fast. Center said to maintain visual with the traffic and climb to FL230. Center also added we might want to come 5 degrees left to give us more separation to go behind the ATR. We determined the ATR was 6-8 mi away. While making the heading change of 5 degrees and the PF added climb power, we determined to trade our excess airspeed for an increased rate of climb to insure that we would be to at least 16000 ft as fast as possible. In our climb, the ATR moved to our 12 O'clock position. The ATR passed left to right (headed southeast) about 1 O'clock to our nose and slightly high. Our altitude was approximately 15500 ft MSL and climbing. Since it was dark by this time, it was difficult to determine the ATR's actual distance, track and rate of closure. The prudent decision would have been for us to stay at 14000 ft MSL until the traffic had passed and wait for ATC to determine that proper IFR separation had occurred and climb only when ATC issued a further climb clearance. Supplemental information from acn 368354: the clearance stated to maintain VFR separation and that a left turn should keep us clear of the traffic. I turned left 10 degrees and increased the rate of climb to pass through 15000 ft as rapidly as possible. At approximately 16000 ft, we passed in close proximity to an ATR. The ATR had climbed because of a TCASII warning (this was the 15000 ft traffic). After this event, I have decided not to accept any more VFR climb clrncs at night due to the difficulty of determining the direction of the other aircraft and the distance from the other aircraft.

Google
 

Original NASA ASRS Text

Title: ACR MLG FREIGHTER CLBS THROUGH OCCUPIED ALT ON A 'MAINTAIN VISUAL ON TFC' CLRNC. FAILS TO DO SO AS FLC MISJUDGES SPD AND SEPARATION DISTANCE IN THE DARK. NMAC OCCURS.

Narrative: WE WERE AT 14000 FT MSL FLYING DIRECT TO THE QUITMAN, TX, VOR. OUR POS WAS AROUND 85 DME ON THE 220 DEG RADIAL FROM QUITMAN VOR. OUR SPD WAS AROUND 300 KIAS. ZFW HAD STOPPED OUR CLB TO FL230 AT 14000 FT BECAUSE OF TFC. ZFW SAID OUR TFC WAS AN ATR AT 11 O'CLOCK, 10-12 MI LEVELING AT 15000 FT MSL. WE CALLED THE TFC IN SIGHT EVEN THOUGH WE DID NOT SEE THE ACTUAL ACFT BUT THE ATR'S WHITE STROBE LIGHT WAS EASILY VISIBLE. THE ATR WAS CLOSING OUR POS BUT DID NOT APPEAR TO BE GOING VERY FAST. CTR SAID TO MAINTAIN VISUAL WITH THE TFC AND CLB TO FL230. CTR ALSO ADDED WE MIGHT WANT TO COME 5 DEGS L TO GIVE US MORE SEPARATION TO GO BEHIND THE ATR. WE DETERMINED THE ATR WAS 6-8 MI AWAY. WHILE MAKING THE HDG CHANGE OF 5 DEGS AND THE PF ADDED CLB PWR, WE DETERMINED TO TRADE OUR EXCESS AIRSPD FOR AN INCREASED RATE OF CLB TO INSURE THAT WE WOULD BE TO AT LEAST 16000 FT AS FAST AS POSSIBLE. IN OUR CLB, THE ATR MOVED TO OUR 12 O'CLOCK POS. THE ATR PASSED L TO R (HEADED SE) ABOUT 1 O'CLOCK TO OUR NOSE AND SLIGHTLY HIGH. OUR ALT WAS APPROX 15500 FT MSL AND CLBING. SINCE IT WAS DARK BY THIS TIME, IT WAS DIFFICULT TO DETERMINE THE ATR'S ACTUAL DISTANCE, TRACK AND RATE OF CLOSURE. THE PRUDENT DECISION WOULD HAVE BEEN FOR US TO STAY AT 14000 FT MSL UNTIL THE TFC HAD PASSED AND WAIT FOR ATC TO DETERMINE THAT PROPER IFR SEPARATION HAD OCCURRED AND CLB ONLY WHEN ATC ISSUED A FURTHER CLB CLRNC. SUPPLEMENTAL INFO FROM ACN 368354: THE CLRNC STATED TO MAINTAIN VFR SEPARATION AND THAT A L TURN SHOULD KEEP US CLR OF THE TFC. I TURNED L 10 DEGS AND INCREASED THE RATE OF CLB TO PASS THROUGH 15000 FT AS RAPIDLY AS POSSIBLE. AT APPROX 16000 FT, WE PASSED IN CLOSE PROX TO AN ATR. THE ATR HAD CLBED BECAUSE OF A TCASII WARNING (THIS WAS THE 15000 FT TFC). AFTER THIS EVENT, I HAVE DECIDED NOT TO ACCEPT ANY MORE VFR CLB CLRNCS AT NIGHT DUE TO THE DIFFICULTY OF DETERMINING THE DIRECTION OF THE OTHER ACFT AND THE DISTANCE FROM THE OTHER ACFT.

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.