Narrative:

Loupe 9 departure from sjc. About to level off at 5000 ft MSL (my aircraft was about 4800 ft) to comply with departure to be 5000 ft or below at the sjc 047 degree radial. On a 120 degree heading, got a TCASII TA. TCASII showed traffic at 12 O'clock position, about 2-3 mi 100 ft below, descending. Immediately got TCASII RA to climb. At same time departure control said we had traffic, 12 O'clock position. I climbed aircraft to about 5700 ft MSL. Captain advised departure control that we had climbed in accordance with TCASII RA. Departure control said the light aircraft had us in sight. Light aircraft passed exactly under our aircraft about 300 ft exactly 180 degree opposite in direction on heading 300 degree magnetic. This is a hazardous situation. The controller acted like it was not abnormal. The departure requires altitude of 5000 ft or below at the sjc 047 degree radial. The light aircraft should have been at 4500 ft on a 300 degree heading. The controller did not turn the light aircraft but he must have had radio contact because he said the light aircraft saw us. Had we not responded to the TCASII we would have passed extremely close. Supplemental information from acn 481699: on landing in denver called bay TRACON supervisor at about XA45L pacific time to report incident and told them I wanted to report a near miss and make an near midair collision report. I was told it would be investigated and reply made to me at air carrier company X.

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Original NASA ASRS Text

Title: NMAC ON THE LOUPE DEP FROM SJC, CA, BTWN AN ACR AND A VFR LIGHT CIVIL ACFT.

Narrative: LOUPE 9 DEP FROM SJC. ABOUT TO LEVEL OFF AT 5000 FT MSL (MY ACFT WAS ABOUT 4800 FT) TO COMPLY WITH DEP TO BE 5000 FT OR BELOW AT THE SJC 047 DEG RADIAL. ON A 120 DEG HDG, GOT A TCASII TA. TCASII SHOWED TFC AT 12 O'CLOCK POS, ABOUT 2-3 MI 100 FT BELOW, DSNDING. IMMEDIATELY GOT TCASII RA TO CLB. AT SAME TIME DEP CTL SAID WE HAD TFC, 12 O'CLOCK POS. I CLBED ACFT TO ABOUT 5700 FT MSL. CAPT ADVISED DEP CTL THAT WE HAD CLBED IN ACCORDANCE WITH TCASII RA. DEP CTL SAID THE LIGHT ACFT HAD US IN SIGHT. LIGHT ACFT PASSED EXACTLY UNDER OUR ACFT ABOUT 300 FT EXACTLY 180 DEG OPPOSITE IN DIRECTION ON HEADING 300 DEG MAGNETIC. THIS IS A HAZARDOUS SIT. THE CTLR ACTED LIKE IT WAS NOT ABNORMAL. THE DEP REQUIRES ALT OF 5000 FT OR BELOW AT THE SJC 047 DEG RADIAL. THE LIGHT ACFT SHOULD HAVE BEEN AT 4500 FT ON A 300 DEG HDG. THE CTLR DID NOT TURN THE LIGHT ACFT BUT HE MUST HAVE HAD RADIO CONTACT BECAUSE HE SAID THE LIGHT ACFT SAW US. HAD WE NOT RESPONDED TO THE TCASII WE WOULD HAVE PASSED EXTREMELY CLOSE. SUPPLEMENTAL INFO FROM ACN 481699: ON LNDG IN DENVER CALLED BAY TRACON SUPVR AT ABOUT XA45L PACIFIC TIME TO RPT INCIDENT AND TOLD THEM I WANTED TO RPT A NEAR MISS AND MAKE AN NMAC RPT. I WAS TOLD IT WOULD BE INVESTIGATED AND REPLY MADE TO ME AT ACR COMPANY X.

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.