Narrative:

While climbing to 14000 ft, turning to 270 degree heading, heard ATC advise aircraft #2 of our position. I noted his position at approximately 5 O'clock position, about 2 mi, climbing on the TCASII. I looked over my left shoulder to locate aircraft #2 and saw him on a converging heading. Our TCASII gave RA to descend at more than 2500 FPM and I turned wings level, descended, and then turned to the right. Aircraft #2, sill claiming he had us in sight abruptly turned left, belly up to us. This aggressive maneuvering was necessary to avoid us. We kept him in sight entire time, followed TCASII guidance, but feel that our turn away from the traffic was necessary to avoid contact. If he indeed had us in sight, he was slow to avoid us. Our aircraft was never notified of that traffic until after we queried the controller after avoiding the conflict. I believe that the conflict was caused by the controller vectoring aircraft #2 inappropriately without altitude separation, and by aircraft #2 not 'seeing and avoiding' our aircraft. Supplemental information from acn 450365: we were IMC. Departure had given this aircraft, a B757, which took off immediately after us, an earlier 360 degree WX avoidance vector and put him inside our flight path. Also, his climb performance was better than ours. So with this apparent, the controller asked the B757 if he had us visually. He replied affirmative. Throughout the entire radio exchange the B757 continued on a collision course. When we came out of the clouds we saw the B757 at 1 mi closing. He and the controller had their radio exchange and the controller assured us he had us in sight and would maintain visual separation. Only he didn't. He turned belly up on the collision course and we pulled the power to idle, pushed over and pulled to the north to avoid a collision. He crossed our flight path directly over the top of our B727 at approximately 100-200 ft above us. I told the controller to save the tapes and his supervisor is investigating.

Related reports:

Google
 

Original NASA ASRS Text

Title: A B727 FLC HAS A CLOSE CALL WITH A B757 TYPE THAT HAD A 'VISUAL' ON THEM BUT CAME TOO CLOSE FOR COMFORT W OF ATL, GA.

Narrative: WHILE CLBING TO 14000 FT, TURNING TO 270 DEG HDG, HEARD ATC ADVISE ACFT #2 OF OUR POS. I NOTED HIS POS AT APPROX 5 O'CLOCK POS, ABOUT 2 MI, CLBING ON THE TCASII. I LOOKED OVER MY L SHOULDER TO LOCATE ACFT #2 AND SAW HIM ON A CONVERGING HEADING. OUR TCASII GAVE RA TO DSND AT MORE THAN 2500 FPM AND I TURNED WINGS LEVEL, DSNDED, AND THEN TURNED TO THE R. ACFT #2, SILL CLAIMING HE HAD US IN SIGHT ABRUPTLY TURNED L, BELLY UP TO US. THIS AGGRESSIVE MANEUVERING WAS NECESSARY TO AVOID US. WE KEPT HIM IN SIGHT ENTIRE TIME, FOLLOWED TCASII GUIDANCE, BUT FEEL THAT OUR TURN AWAY FROM THE TFC WAS NECESSARY TO AVOID CONTACT. IF HE INDEED HAD US IN SIGHT, HE WAS SLOW TO AVOID US. OUR ACFT WAS NEVER NOTIFIED OF THAT TFC UNTIL AFTER WE QUERIED THE CTLR AFTER AVOIDING THE CONFLICT. I BELIEVE THAT THE CONFLICT WAS CAUSED BY THE CTLR VECTORING ACFT #2 INAPPROPRIATELY WITHOUT ALT SEPARATION, AND BY ACFT #2 NOT 'SEEING AND AVOIDING' OUR ACFT. SUPPLEMENTAL INFO FROM ACN 450365: WE WERE IMC. DEP HAD GIVEN THIS ACFT, A B757, WHICH TOOK OFF IMMEDIATELY AFTER US, AN EARLIER 360 DEG WX AVOIDANCE VECTOR AND PUT HIM INSIDE OUR FLT PATH. ALSO, HIS CLB PERFORMANCE WAS BETTER THAN OURS. SO WITH THIS APPARENT, THE CTLR ASKED THE B757 IF HE HAD US VISUALLY. HE REPLIED AFFIRMATIVE. THROUGHOUT THE ENTIRE RADIO EXCHANGE THE B757 CONTINUED ON A COLLISION COURSE. WHEN WE CAME OUT OF THE CLOUDS WE SAW THE B757 AT 1 MI CLOSING. HE AND THE CTLR HAD THEIR RADIO EXCHANGE AND THE CTLR ASSURED US HE HAD US IN SIGHT AND WOULD MAINTAIN VISUAL SEPARATION. ONLY HE DIDN'T. HE TURNED BELLY UP ON THE COLLISION COURSE AND WE PULLED THE PWR TO IDLE, PUSHED OVER AND PULLED TO THE N TO AVOID A COLLISION. HE CROSSED OUR FLT PATH DIRECTLY OVER THE TOP OF OUR B727 AT APPROX 100-200 FT ABOVE US. I TOLD THE CTLR TO SAVE THE TAPES AND HIS SUPVR IS INVESTIGATING.

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.