Narrative:

While a cruise at 17000 ft ZBW called traffic at 3 O'clock position, 10 mi 15000 ft a B757. We reported the aircraft in sight. The controller said he was going to climb the B757 through our altitude. The B757 started a climb at a low rate of accent. The B757 continued directly at us. I knew I could not out-climb them and with few options I asked ZBW for immediate turn. The controller had offered the B757 a vector away from us, but they declined. I started a tight left turn to avoid the B757. We avoided the intruder aircraft by about 1 mi at 500 ft. The controller failed to apply the rules of separation properly. The maneuvering aircraft is the one that needs to maintain visual separation. They are the ones who have the ability to avoid the aircraft in cruise. Any turn or climb on our part would have resulted in an altitude deviation or an unauthorized turn.

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Original NASA ASRS Text

Title: CAPT OF AN SF34 MADE A TURN TO ASSURE SEPARATION WITH A B757 CLBING, AND OVERTAKING, THROUGH HIS CRUISE ALT. BOTH ACFT WERE GIVEN TA'S BY ARTCC CTLR AND BOTH HAD THE OTHER IN SIGHT.

Narrative: WHILE A CRUISE AT 17000 FT ZBW CALLED TFC AT 3 O'CLOCK POS, 10 MI 15000 FT A B757. WE RPTED THE ACFT IN SIGHT. THE CTLR SAID HE WAS GOING TO CLB THE B757 THROUGH OUR ALT. THE B757 STARTED A CLB AT A LOW RATE OF ACCENT. THE B757 CONTINUED DIRECTLY AT US. I KNEW I COULD NOT OUT-CLB THEM AND WITH FEW OPTIONS I ASKED ZBW FOR IMMEDIATE TURN. THE CTLR HAD OFFERED THE B757 A VECTOR AWAY FROM US, BUT THEY DECLINED. I STARTED A TIGHT L TURN TO AVOID THE B757. WE AVOIDED THE INTRUDER ACFT BY ABOUT 1 MI AT 500 FT. THE CTLR FAILED TO APPLY THE RULES OF SEPARATION PROPERLY. THE MANEUVERING ACFT IS THE ONE THAT NEEDS TO MAINTAIN VISUAL SEPARATION. THEY ARE THE ONES WHO HAVE THE ABILITY TO AVOID THE ACFT IN CRUISE. ANY TURN OR CLB ON OUR PART WOULD HAVE RESULTED IN AN ALTDEV OR AN UNAUTH TURN.

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.