Narrative:

Climbing out of mia after takeoff from runway 9L with many layered clouds and rain showers in the area, ZMA gave us a climb from 7000 ft MSL to 16000 ft MSL while we were on a 360 degree assigned heading from mia departure control. Climbing through approximately 7800 ft MSL, I noticed a B727 come out of a cloud bank at about 8000 ft MSL heading west. The B727 was in our 2 O'clock position about 2 mi away when I first saw it. I leveled off about 7900 ft MSL and made just a slight right turn to the east so I could keep the B727 in sight and yet pass behind the B727. During the sudden, unplanned leveloff and turn, the airplane exceeded 250 KTS below 10000 ft. About the same time I was altering my flight profile to pass behind the B727, ZMA gave us a new command to stay at 7000 ft. Too late, we were already at 7900 ft. We told center that we were already out of 7000 ft and that we saw the B727. ZMA told us to maintain visual separation with the B727, and after we asked if we were cleared to continue the climb, cleared us to continue our climb to 16000 ft. I estimate the closest we came to the B727 was 1 mi. Neither aircraft had TCASII and both should have had TCASII. Please mandate TCASII on all transport category aircraft! Tell the FAA that freight pilots' lives are valuable. Supplemental information from acn 386837: at 8000 ft being vectored high downwind going into mia at XA00, we (a cargo aircraft on assigned heading of 250 degrees for runway 12, non TCASII equipped) observed another non TCASII cargo airplane going slightly behind us at our altitude. He was on an approximately 330 degree heading after departing runway 9L mia, climbing out. Supplemental information from acn 386838: near midair collision with air carrier X aircraft on departure heading approximately 340 degrees, our heading 250 degrees. ATC advised us of traffic after threat was over. Scattered clouds in the area -- busy ATC. Air carrier X passed directly behind our aircraft. Aircraft seen as it passed our 9 O'clock position. Contributing factors: 1) our aircraft had no operable mode C altitude encoder (MEL'ed, approved by ATC). 2) neither aircraft had TCASII system (assumed in other aircraft).

Related reports:

Google
 

Original NASA ASRS Text

Title: LOSS OF SEPARATION BTWN AN ACR B767 CLBING THROUGH 7800 FT AND AN ACR B727 LEVEL AT 8000 FT.

Narrative: CLBING OUT OF MIA AFTER TKOF FROM RWY 9L WITH MANY LAYERED CLOUDS AND RAIN SHOWERS IN THE AREA, ZMA GAVE US A CLB FROM 7000 FT MSL TO 16000 FT MSL WHILE WE WERE ON A 360 DEG ASSIGNED HDG FROM MIA DEP CTL. CLBING THROUGH APPROX 7800 FT MSL, I NOTICED A B727 COME OUT OF A CLOUD BANK AT ABOUT 8000 FT MSL HDG W. THE B727 WAS IN OUR 2 O'CLOCK POS ABOUT 2 MI AWAY WHEN I FIRST SAW IT. I LEVELED OFF ABOUT 7900 FT MSL AND MADE JUST A SLIGHT R TURN TO THE E SO I COULD KEEP THE B727 IN SIGHT AND YET PASS BEHIND THE B727. DURING THE SUDDEN, UNPLANNED LEVELOFF AND TURN, THE AIRPLANE EXCEEDED 250 KTS BELOW 10000 FT. ABOUT THE SAME TIME I WAS ALTERING MY FLT PROFILE TO PASS BEHIND THE B727, ZMA GAVE US A NEW COMMAND TO STAY AT 7000 FT. TOO LATE, WE WERE ALREADY AT 7900 FT. WE TOLD CTR THAT WE WERE ALREADY OUT OF 7000 FT AND THAT WE SAW THE B727. ZMA TOLD US TO MAINTAIN VISUAL SEPARATION WITH THE B727, AND AFTER WE ASKED IF WE WERE CLRED TO CONTINUE THE CLB, CLRED US TO CONTINUE OUR CLB TO 16000 FT. I ESTIMATE THE CLOSEST WE CAME TO THE B727 WAS 1 MI. NEITHER ACFT HAD TCASII AND BOTH SHOULD HAVE HAD TCASII. PLEASE MANDATE TCASII ON ALL TRANSPORT CATEGORY ACFT! TELL THE FAA THAT FREIGHT PLTS' LIVES ARE VALUABLE. SUPPLEMENTAL INFO FROM ACN 386837: AT 8000 FT BEING VECTORED HIGH DOWNWIND GOING INTO MIA AT XA00, WE (A CARGO ACFT ON ASSIGNED HDG OF 250 DEGS FOR RWY 12, NON TCASII EQUIPPED) OBSERVED ANOTHER NON TCASII CARGO AIRPLANE GOING SLIGHTLY BEHIND US AT OUR ALT. HE WAS ON AN APPROX 330 DEG HDG AFTER DEPARTING RWY 9L MIA, CLBING OUT. SUPPLEMENTAL INFO FROM ACN 386838: NMAC WITH ACR X ACFT ON DEP HDG APPROX 340 DEGS, OUR HDG 250 DEGS. ATC ADVISED US OF TFC AFTER THREAT WAS OVER. SCATTERED CLOUDS IN THE AREA -- BUSY ATC. ACR X PASSED DIRECTLY BEHIND OUR ACFT. ACFT SEEN AS IT PASSED OUR 9 O'CLOCK POS. CONTRIBUTING FACTORS: 1) OUR ACFT HAD NO OPERABLE MODE C ALT ENCODER (MEL'ED, APPROVED BY ATC). 2) NEITHER ACFT HAD TCASII SYS (ASSUMED IN 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.