An air carrier JS32 flight crew reports that they had an near midair collision with an air carrier B...

Attributes
ACN	429896
Time
Date	199903
Day	Tue
Local Time Of Day	1201 To 1800
Place
Locale Reference	navaid : sli.vortac
State Reference	CA
Altitude	msl single value : 17000
Environment
Flight Conditions	VMC
Light	Dusk
Aircraft 1
Controlling Facilities	artcc : zla.artcc
Operator	common carrier : air carrier
Make Model Name	Jetstream 32
Operating Under FAR Part	Part 121
Navigation In Use	other vortac
Flight Phase	cruise : level
Route In Use	enroute other
Flight Plan	IFR
Aircraft 2
Controlling Facilities	artcc : zla.artcc
Operator	common carrier : air carrier
Make Model Name	B737 Undifferentiated or Other Model
Operating Under FAR Part	Part 121
Navigation In Use	other
Flight Phase	climbout : vacating altitude
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : instrument pilot : multi engine pilot : commercial pilot : cfi technician : airframe
Experience	flight time last 90 days : 175 flight time total : 3700 flight time type : 1000
ASRS Report	429896
Person 2
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Events
Anomaly	conflict : nmac non adherence : required legal separation
Independent Detector	aircraft equipment : tcas other flight crewa
Resolutory Action	flight crew : took evasive action
Consequence	Other
Miss Distance	horizontal : 0 vertical : 200
Supplementary
Problem Areas	Flight Crew Human Performance FAA
Primary Problem	Flight Crew Human Performance
Situations
ATC Facility	procedure or policy : zla.artcc

Narrative:

Our BAE3200 was in cruise flight at 17000 ft MSL, over the los angeles basin. My flight was en route from fat to san. ZLA issued a traffic call to us, 'traffic 2 O'clock, 5 mi, 16000 ft.' we responded, 'traffic in sight.' ZLA asked if we could maintain visual separation from the traffic. We responded, 'yes.' the controller then cleared the air carrier B737 traffic to climb and maintain FL230. That aircraft responded and said that he had us in sight. He began his climb. I soon realized that our 2 aircraft were going to come very close together. At the closure rate it was difficult to tell if the B737 was going to go in front of or behind us. Our TCASII display showed that he was climbing at greater than 500 FPM. As I looked out the right side of the cockpit, I could clearly see the air carrier jet climbing into us. I began to bank toward and climb slightly to let the traffic pass beneath us. As the jet passed below, I looked at our TCASII again. It showed the aircraft 300 ft below us, still climbing at greater than 500 FPM. The air carrier B737 continued its climb to the east. That crew never seemed to change course or climb rate to avoid us, even though they called us in sight. In retrospect, I feel that we should not have accepted to maintain visual separation, since we were level in cruise flight. The controller should not have asked us to maintain visual, but instead instructed the climbing aircraft to avoid us. Another option would have been to wait until the traffic was no factor before issuing the climb instructions. I also question why the air carrier B737 climbed directly into us if he really had us in sight. Maybe they thought that since we were to maintain visual we would maneuver to avoid him. I question whether or not they truly had us in sight. This was an unsafe situation. In the future I will not accept responsibility to maintain visual separation when I'm not the aircraft changing altitude or course.

Original NASA ASRS Text

Title: AN ACR JS32 FLC RPTS THAT THEY HAD AN NMAC WITH AN ACR B737 AS THE B737 WAS MAKING A 'VISUAL SEPARATION' CLB.

Narrative: OUR BAE3200 WAS IN CRUISE FLT AT 17000 FT MSL, OVER THE LOS ANGELES BASIN. MY FLT WAS ENRTE FROM FAT TO SAN. ZLA ISSUED A TFC CALL TO US, 'TFC 2 O'CLOCK, 5 MI, 16000 FT.' WE RESPONDED, 'TFC IN SIGHT.' ZLA ASKED IF WE COULD MAINTAIN VISUAL SEPARATION FROM THE TFC. WE RESPONDED, 'YES.' THE CTLR THEN CLRED THE ACR B737 TFC TO CLB AND MAINTAIN FL230. THAT ACFT RESPONDED AND SAID THAT HE HAD US IN SIGHT. HE BEGAN HIS CLB. I SOON REALIZED THAT OUR 2 ACFT WERE GOING TO COME VERY CLOSE TOGETHER. AT THE CLOSURE RATE IT WAS DIFFICULT TO TELL IF THE B737 WAS GOING TO GO IN FRONT OF OR BEHIND US. OUR TCASII DISPLAY SHOWED THAT HE WAS CLBING AT GREATER THAN 500 FPM. AS I LOOKED OUT THE R SIDE OF THE COCKPIT, I COULD CLRLY SEE THE ACR JET CLBING INTO US. I BEGAN TO BANK TOWARD AND CLB SLIGHTLY TO LET THE TFC PASS BENEATH US. AS THE JET PASSED BELOW, I LOOKED AT OUR TCASII AGAIN. IT SHOWED THE ACFT 300 FT BELOW US, STILL CLBING AT GREATER THAN 500 FPM. THE ACR B737 CONTINUED ITS CLB TO THE E. THAT CREW NEVER SEEMED TO CHANGE COURSE OR CLB RATE TO AVOID US, EVEN THOUGH THEY CALLED US IN SIGHT. IN RETROSPECT, I FEEL THAT WE SHOULD NOT HAVE ACCEPTED TO MAINTAIN VISUAL SEPARATION, SINCE WE WERE LEVEL IN CRUISE FLT. THE CTLR SHOULD NOT HAVE ASKED US TO MAINTAIN VISUAL, BUT INSTEAD INSTRUCTED THE CLBING ACFT TO AVOID US. ANOTHER OPTION WOULD HAVE BEEN TO WAIT UNTIL THE TFC WAS NO FACTOR BEFORE ISSUING THE CLB INSTRUCTIONS. I ALSO QUESTION WHY THE ACR B737 CLBED DIRECTLY INTO US IF HE REALLY HAD US IN SIGHT. MAYBE THEY THOUGHT THAT SINCE WE WERE TO MAINTAIN VISUAL WE WOULD MANEUVER TO AVOID HIM. I QUESTION WHETHER OR NOT THEY TRULY HAD US IN SIGHT. THIS WAS AN UNSAFE SIT. IN THE FUTURE I WILL NOT ACCEPT RESPONSIBILITY TO MAINTAIN VISUAL SEPARATION WHEN I'M NOT THE ACFT CHANGING ALT OR COURSE.

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.

An air carrier JS32 flight crew reports that they had an near midair collision with an air carrier B737 as the B737 was making a 'visual separation' climb.