Narrative:

On departure from ft myers regional southwest airport (rsw), runway 24, we were given initially a climb to 5000 ft and a left turn to 060 degrees. Departure control advised us of traffic at our 2 O'clock position and 6000 ft northbound. We visually picked up the traffic at our 12 O'clock position approximately 2-3 mi ahead. Departure control advised the aircraft (aircraft Y) of our position, asked if he saw us, and when he said he did, told him to maintain visual separation from us. He said he would. Departure then told us to climb to 10000 ft. It became obvious prior to the TCASII alert that we were on a collision course if we continued our climb rate. When the separation was less than 1000 ft, we leveled off, missing the aircraft by 400 ft (TCASII). I informed departure control of the near miss. Aircraft Y defended his actions (if there were any). This happens all too often, where ATC tries to avoid controling aircraft and depends too heavily on visual separation. Looking back, we should have leveled at 5000 ft until clear and not relied on the visual separation. Departure should have provided the separation.

Related reports:

Google
 

Original NASA ASRS Text

Title: RPTR CLAIMS NEAR MISS WITH LIGHT TWIN AFTER HAVING THE TFC IN SIGHT AND BEING ISSUED A CLB CLRNC WITH THE OTHER ACFT MAINTAINING VISUAL SEPARATION.

Narrative: ON DEP FROM FT MYERS REGIONAL SOUTHWEST ARPT (RSW), RWY 24, WE WERE GIVEN INITIALLY A CLB TO 5000 FT AND A L TURN TO 060 DEGS. DEP CTL ADVISED US OF TFC AT OUR 2 O'CLOCK POS AND 6000 FT NBOUND. WE VISUALLY PICKED UP THE TFC AT OUR 12 O'CLOCK POS APPROX 2-3 MI AHEAD. DEP CTL ADVISED THE ACFT (ACFT Y) OF OUR POS, ASKED IF HE SAW US, AND WHEN HE SAID HE DID, TOLD HIM TO MAINTAIN VISUAL SEPARATION FROM US. HE SAID HE WOULD. DEP THEN TOLD US TO CLB TO 10000 FT. IT BECAME OBVIOUS PRIOR TO THE TCASII ALERT THAT WE WERE ON A COLLISION COURSE IF WE CONTINUED OUR CLB RATE. WHEN THE SEPARATION WAS LESS THAN 1000 FT, WE LEVELED OFF, MISSING THE ACFT BY 400 FT (TCASII). I INFORMED DEP CTL OF THE NEAR MISS. ACFT Y DEFENDED HIS ACTIONS (IF THERE WERE ANY). THIS HAPPENS ALL TOO OFTEN, WHERE ATC TRIES TO AVOID CTLING ACFT AND DEPENDS TOO HEAVILY ON VISUAL SEPARATION. LOOKING BACK, WE SHOULD HAVE LEVELED AT 5000 FT UNTIL CLR AND NOT RELIED ON THE VISUAL SEPARATION. DEP SHOULD HAVE PROVIDED THE SEPARATION.

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.