Narrative:

2 mi southeast of opana point, I contacted maui approach control for VFR TA's and transition wbound through the class C airspace. ATC's initial response was 'squawk XXXX and remain outside class C surface area.' I acknowledged. 1 min later, my aircraft was over opana point, ATC replied with 'radar contact over opana point, traffic is a heavy DC10 just departed kahului climbing.' (I believe the controller said at 10 O'clock position but I'm not sure.) I saw the DC10 which had just departed kahului runway 2 and was climbing northeast, even before ATC had finished speaking, and I immediately acknowledged, 'roger, I have the traffic in sight, I'll maintain visual separation with the traffic.' ATC responded with 'maintain visual separation with that traffic.' I responded with either 'wilco' or 'roger.' ATC then called the DC10 and said 'traffic is a twin cessna at your 2 O'clock 3000 ft, he has you in sight and will maintain visual separation.' I believe the DC10 simply acknowledged. At this point my aircraft was heading about 280 degrees at 3000 ft and about 9 mi from ogg VORTAC on the 050 degree radial. The DC10 was about 5 mi away at about 1000-1500 ft MSL and climbing. The DC10 started a right turn. With the wings banked, I could not initially discern if the aircraft was in a left turn or a right turn. The DC10 rolled out of the turn, and when it did, I was able to discern it had turned right and was now on a heading directly facing us, with relative movement and increasing in apparent size. Within 1 or 2 seconds, I discerned that the DC10 would pass off our right side, so I immediately told my first officer, who was flying, 'he's coming right at us -- turn left and we'll get out of his way.' my first officer immediately started a bank to the left. Just at this moment, ATC called and said 'our call sign, just a precaution, it appears your targets may merge.' I answered with 'roger, we're already turning left to avoid him.' we made a 30-35 degree bank turn and turned about 100 degrees to the left until the first officer indicated the DC10 had passed by our right side, now behind us. Then we turned right and resumed our original heading of about 280 degree. Later, I questioed my first officer about how close he estimated the DC10 came to us. He indicated about 1 mi or more. At the point where I lost sight of the DC10 due to our left bank, I would have estimated that the DC10 passed within 1/2 - 1 mi of my aircraft. As the aircraft passed each other, the DC10 called ATC and informed he 'was making an evasive maneuver -- and that was unsatisfactory.' ATC responded with 'roger.' a few moments later the DC10 called ATC again and said 'I want you to know that was very poorly handled.' ATC made no response.

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Original NASA ASRS Text

Title: VFR ACFT MANEUVERS TO AVOID CONFLICTING IFR DEPARTING ACFT.

Narrative: 2 MI SE OF OPANA POINT, I CONTACTED MAUI APCH CTL FOR VFR TA'S AND TRANSITION WBOUND THROUGH THE CLASS C AIRSPACE. ATC'S INITIAL RESPONSE WAS 'SQUAWK XXXX AND REMAIN OUTSIDE CLASS C SURFACE AREA.' I ACKNOWLEDGED. 1 MIN LATER, MY ACFT WAS OVER OPANA POINT, ATC REPLIED WITH 'RADAR CONTACT OVER OPANA POINT, TFC IS A HVY DC10 JUST DEPARTED KAHULUI CLBING.' (I BELIEVE THE CTLR SAID AT 10 O'CLOCK POS BUT I'M NOT SURE.) I SAW THE DC10 WHICH HAD JUST DEPARTED KAHULUI RWY 2 AND WAS CLBING NE, EVEN BEFORE ATC HAD FINISHED SPEAKING, AND I IMMEDIATELY ACKNOWLEDGED, 'ROGER, I HAVE THE TFC IN SIGHT, I'LL MAINTAIN VISUAL SEPARATION WITH THE TFC.' ATC RESPONDED WITH 'MAINTAIN VISUAL SEPARATION WITH THAT TFC.' I RESPONDED WITH EITHER 'WILCO' OR 'ROGER.' ATC THEN CALLED THE DC10 AND SAID 'TFC IS A TWIN CESSNA AT YOUR 2 O'CLOCK 3000 FT, HE HAS YOU IN SIGHT AND WILL MAINTAIN VISUAL SEPARATION.' I BELIEVE THE DC10 SIMPLY ACKNOWLEDGED. AT THIS POINT MY ACFT WAS HDG ABOUT 280 DEGS AT 3000 FT AND ABOUT 9 MI FROM OGG VORTAC ON THE 050 DEG RADIAL. THE DC10 WAS ABOUT 5 MI AWAY AT ABOUT 1000-1500 FT MSL AND CLBING. THE DC10 STARTED A R TURN. WITH THE WINGS BANKED, I COULD NOT INITIALLY DISCERN IF THE ACFT WAS IN A L TURN OR A R TURN. THE DC10 ROLLED OUT OF THE TURN, AND WHEN IT DID, I WAS ABLE TO DISCERN IT HAD TURNED R AND WAS NOW ON A HDG DIRECTLY FACING US, WITH RELATIVE MOVEMENT AND INCREASING IN APPARENT SIZE. WITHIN 1 OR 2 SECONDS, I DISCERNED THAT THE DC10 WOULD PASS OFF OUR R SIDE, SO I IMMEDIATELY TOLD MY FO, WHO WAS FLYING, 'HE'S COMING RIGHT AT US -- TURN L AND WE'LL GET OUT OF HIS WAY.' MY FO IMMEDIATELY STARTED A BANK TO THE L. JUST AT THIS MOMENT, ATC CALLED AND SAID 'OUR CALL SIGN, JUST A PRECAUTION, IT APPEARS YOUR TARGETS MAY MERGE.' I ANSWERED WITH 'ROGER, WE'RE ALREADY TURNING L TO AVOID HIM.' WE MADE A 30-35 DEG BANK TURN AND TURNED ABOUT 100 DEGS TO THE L UNTIL THE FO INDICATED THE DC10 HAD PASSED BY OUR R SIDE, NOW BEHIND US. THEN WE TURNED R AND RESUMED OUR ORIGINAL HDG OF ABOUT 280 DEG. LATER, I QUESTIOED MY FO ABOUT HOW CLOSE HE ESTIMATED THE DC10 CAME TO US. HE INDICATED ABOUT 1 MI OR MORE. AT THE POINT WHERE I LOST SIGHT OF THE DC10 DUE TO OUR L BANK, I WOULD HAVE ESTIMATED THAT THE DC10 PASSED WITHIN 1/2 - 1 MI OF MY ACFT. AS THE ACFT PASSED EACH OTHER, THE DC10 CALLED ATC AND INFORMED HE 'WAS MAKING AN EVASIVE MANEUVER -- AND THAT WAS UNSATISFACTORY.' ATC RESPONDED WITH 'ROGER.' A FEW MOMENTS LATER THE DC10 CALLED ATC AGAIN AND SAID 'I WANT YOU TO KNOW THAT WAS VERY POORLY HANDLED.' ATC MADE NO RESPONSE.

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.