Narrative:

Takeoff clearance was received from tower at approximately XA42. Flight was from slc via the milford departure, to a southern california airport. Taking off from runway 34L at slc, tower issued instructions for a heading to 260 degrees after departure. Our altitude limit was the original 11000 ft on the SID. Copilot was flying the aircraft on this leg, the third of 3 for the day. Once established on the 260 degree heading, I finally was able to contact slc departure control around 8000 ft MSL. Departure control cleared us to climb to 12000 ft. Both of us thought that strange, since that is the altitude arriving aircraft are given for entering the downwind pattern. The copilot asked me for a VFR climb, so I in turn requested one from departure control. Departure control immediately responded with a turn to 180 degrees and a clearance to 'climb to FL230, maintain VFR below one-five thousand.' I repeated the clearance, and the controller came back with an amended heading of 160 degrees. The original 180 degree heading was aiming us directly toward a mountain range to the immediate southwest of the airport. The 160 degree heading put us just off to the east of those mountain peaks. Although we had a full load of passenger, we were fairly light weight at around 110000 pounds takeoff gross weight. With a 250 KT speed restr (ufn) from our original ATC clearance, we were climbing at a rate of approximately 4500 FPM. At approximately 11000 ft (could have been more or less) departure control advised we had traffic at our 3 O'clock position at 13000 ft. I looked around, past my copilot, and immediately saw a glint of the low sun in the west shine off of metal. We had received no TCASII warning of another aircraft in that position. I immediately answered 'got him!' and looked at our altitude. It was 11500 ft and climbing rapidly. I looked back at the other aircraft and could immediately tell it was another B737-300 (shape of cowls). The TCASII showed an immediate RA conflict, with red on the entire dial! It was too late to level off at 12000 ft with our high climb rate (pushing the nose over would also have sent us screaming toward the mountains!), so we continued the climb to get out of the other aircraft's way. I estimate the horizontal clearance at 8 mi when we climbed through 13000 ft. A couple of factors were present here: 1) when ATC cleared us to 12000 ft (which is non standard -- either we maintain our originally cleared altitude of 11000 ft if there is inbound traffic, or we are cleared to FL230 if there is not traffic). I should have realized there might be traffic in the area and not have asked for a VFR climb. 2) with ATC aware of a potential airspace conflict over the mountains, he should not have issued us clearance for a VFR climb. The simple statement, 'unable' would have solved the problem before it became one.

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Original NASA ASRS Text

Title: ACR B737 ACCEPTS QUESTIONABLE VFR CLB THAT PUTS THEM IN CONFLICT WITH ANOTHER B737 ENTERING DOWNWIND ON APCH.

Narrative: TKOF CLRNC WAS RECEIVED FROM TWR AT APPROX XA42. FLT WAS FROM SLC VIA THE MILFORD DEP, TO A SOUTHERN CALIFORNIA ARPT. TAKING OFF FROM RWY 34L AT SLC, TWR ISSUED INSTRUCTIONS FOR A HDG TO 260 DEGS AFTER DEP. OUR ALT LIMIT WAS THE ORIGINAL 11000 FT ON THE SID. COPLT WAS FLYING THE ACFT ON THIS LEG, THE THIRD OF 3 FOR THE DAY. ONCE ESTABLISHED ON THE 260 DEG HDG, I FINALLY WAS ABLE TO CONTACT SLC DEP CTL AROUND 8000 FT MSL. DEP CTL CLRED US TO CLB TO 12000 FT. BOTH OF US THOUGHT THAT STRANGE, SINCE THAT IS THE ALT ARRIVING ACFT ARE GIVEN FOR ENTERING THE DOWNWIND PATTERN. THE COPLT ASKED ME FOR A VFR CLB, SO I IN TURN REQUESTED ONE FROM DEP CTL. DEP CTL IMMEDIATELY RESPONDED WITH A TURN TO 180 DEGS AND A CLRNC TO 'CLB TO FL230, MAINTAIN VFR BELOW ONE-FIVE THOUSAND.' I REPEATED THE CLRNC, AND THE CTLR CAME BACK WITH AN AMENDED HDG OF 160 DEGS. THE ORIGINAL 180 DEG HDG WAS AIMING US DIRECTLY TOWARD A MOUNTAIN RANGE TO THE IMMEDIATE SW OF THE ARPT. THE 160 DEG HDG PUT US JUST OFF TO THE E OF THOSE MOUNTAIN PEAKS. ALTHOUGH WE HAD A FULL LOAD OF PAX, WE WERE FAIRLY LIGHT WT AT AROUND 110000 LBS TKOF GROSS WT. WITH A 250 KT SPD RESTR (UFN) FROM OUR ORIGINAL ATC CLRNC, WE WERE CLBING AT A RATE OF APPROX 4500 FPM. AT APPROX 11000 FT (COULD HAVE BEEN MORE OR LESS) DEP CTL ADVISED WE HAD TFC AT OUR 3 O'CLOCK POS AT 13000 FT. I LOOKED AROUND, PAST MY COPLT, AND IMMEDIATELY SAW A GLINT OF THE LOW SUN IN THE W SHINE OFF OF METAL. WE HAD RECEIVED NO TCASII WARNING OF ANOTHER ACFT IN THAT POS. I IMMEDIATELY ANSWERED 'GOT HIM!' AND LOOKED AT OUR ALT. IT WAS 11500 FT AND CLBING RAPIDLY. I LOOKED BACK AT THE OTHER ACFT AND COULD IMMEDIATELY TELL IT WAS ANOTHER B737-300 (SHAPE OF COWLS). THE TCASII SHOWED AN IMMEDIATE RA CONFLICT, WITH RED ON THE ENTIRE DIAL! IT WAS TOO LATE TO LEVEL OFF AT 12000 FT WITH OUR HIGH CLB RATE (PUSHING THE NOSE OVER WOULD ALSO HAVE SENT US SCREAMING TOWARD THE MOUNTAINS!), SO WE CONTINUED THE CLB TO GET OUT OF THE OTHER ACFT'S WAY. I ESTIMATE THE HORIZ CLRNC AT 8 MI WHEN WE CLBED THROUGH 13000 FT. A COUPLE OF FACTORS WERE PRESENT HERE: 1) WHEN ATC CLRED US TO 12000 FT (WHICH IS NON STANDARD -- EITHER WE MAINTAIN OUR ORIGINALLY CLRED ALT OF 11000 FT IF THERE IS INBOUND TFC, OR WE ARE CLRED TO FL230 IF THERE IS NOT TFC). I SHOULD HAVE REALIZED THERE MIGHT BE TFC IN THE AREA AND NOT HAVE ASKED FOR A VFR CLB. 2) WITH ATC AWARE OF A POTENTIAL AIRSPACE CONFLICT OVER THE MOUNTAINS, HE SHOULD NOT HAVE ISSUED US CLRNC FOR A VFR CLB. THE SIMPLE STATEMENT, 'UNABLE' WOULD HAVE SOLVED THE PROB BEFORE IT BECAME ONE.

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.