BE36 pilot on IFR departure observed another aircraft pass 300 ft over the top of him before he coul...

Attributes
ACN	530712
Time
Date	200111
Day	Sun
Local Time Of Day	1201 To 1800
Place
Locale Reference	intersection : darts
State Reference	CA
Altitude	msl single value : 3000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : sct.tracon
Operator	general aviation : personal
Make Model Name	Bonanza 36
Operating Under FAR Part	Part 91
Flight Phase	climbout : intermediate altitude
Route In Use	departure sid : eim005
Flight Plan	IFR
Aircraft 2
Controlling Facilities	tracon : sct.tracon
Make Model Name	Medium Transport
Operating Under FAR Part	other : 137
Person 1
Affiliation	other
Function	flight crew : single pilot
Qualification	pilot : multi engine pilot : instrument pilot : commercial
Experience	flight time last 90 days : 40 flight time total : 1430 flight time type : 80
ASRS Report	530712
Events
Anomaly	conflict : nmac
Independent Detector	atc equipment other atc equipment : radar other flight crewa
Resolutory Action	none taken : insufficient time
Miss Distance	horizontal : 0 vertical : 300
Supplementary
Problem Areas	Airspace Structure Flight Crew Human Performance ATC Human Performance
Primary Problem	ATC Human Performance
Air Traffic Incident	other

Narrative:

On nov/mon/01, my aircraft, a BE36/G, was cleared for takeoff around XA45 to XA50 local time from bur runway 8. I was on a tower enroute IFR flight plan from bur to cno. I was assigned the elmod 5 departure, and then the BURL6 ter routing to cno initial climb to 4000 ft with a final altitude of 5000 ft to follow within 10 mins. A few moments after I cleared the departure end of the runway and was rollin onto the SID defined heading of 120 degrees, I was handed off to socal departure. I called and was immediately cleared to 5000 ft. About two mins later, as I was climbing through 3000 ft I was directed by socal to 'increase rate of climb.' I responded that I was presently doing my aircraft's maximum rate of climb: 800 to 1000 FPM. I did not get a response from socal on that. About 30 seconds after that, I saw the other aircraft, a silver-middle weight twin, with turbine engine conversions, and a unique tail that has dual oval shaped vertical stabilizers at the ends of the horizontal stabilizer, pass in the opposite direction, no more than 200 to 300 ft overhead. I was somewhere in the area of darts intersection, heading southwest and joining V186. The other aircraft was on a westerly heading, it appeared to be in level flight. I realize that in VMC, everyone is on 'see and avoid,' and I did see and avoid the other aircraft, as I am here to tell about it. But, I didn't appreciate being told to increase my rate of climb directly into the other aircraft's path. If my aircraft had been able to increase its rate of climb as the controller had requested, I would have been much closer to the other aircraft when it passed overhead, maybe even collided with it. I don't think the cltr even knew the other aircraft was even there. I got no traffic call. It was a total surprise. On my part, I should have seen the oncoming aircraft sooner, I suppose I was too intent on looking at the navigation instructions as I was joining V186.

Original NASA ASRS Text

Title: BE36 PLT ON IFR DEP OBSERVED ANOTHER ACFT PASS 300 FT OVER THE TOP OF HIM BEFORE HE COULD TAKE EVASIVE ACTION. THE DEPT CTLR DID ASK HIM TO CLIMB FASTER JUST PRIOR TO THE TWO ACFT PASSING. HOWEVER, HE ADVISED THAT HE WAS ALREADY AT MAX CLIMB.

Narrative: ON NOV/MON/01, MY ACFT, A BE36/G, WAS CLRED FOR TKOF AROUND XA45 TO XA50 LCL TIME FROM BUR RWY 8. I WAS ON A TWR ENROUTE IFR FLT PLAN FROM BUR TO CNO. I WAS ASSIGNED THE ELMOD 5 DEP, AND THEN THE BURL6 TER ROUTING TO CNO INITIAL CLIMB TO 4000 FT WITH A FINAL ALT OF 5000 FT TO FOLLOW WITHIN 10 MINS. A FEW MOMENTS AFTER I CLRED THE DEP END OF THE RWY AND WAS ROLLIN ONTO THE SID DEFINED HEADING OF 120 DEGS, I WAS HANDED OFF TO SOCAL DEP. I CALLED AND WAS IMMEDIATELY CLRED TO 5000 FT. ABOUT TWO MINS LATER, AS I WAS CLBING THROUGH 3000 FT I WAS DIRECTED BY SOCAL TO 'INCREASE RATE OF CLB.' I RESPONDED THAT I WAS PRESENTLY DOING MY ACFT'S MAX RATE OF CLB: 800 TO 1000 FPM. I DID NOT GET A RESPONSE FROM SOCAL ON THAT. ABOUT 30 SECS AFTER THAT, I SAW THE OTHER ACFT, A SILVER-MIDDLE WEIGHT TWIN, WITH TURBINE ENG CONVERSIONS, AND A UNIQUE TAIL THAT HAS DUAL OVAL SHAPED VERTICAL STABILIZERS AT THE ENDS OF THE HORIZONTAL STABILIZER, PASS IN THE OPPOSITE DIRECTION, NO MORE THAN 200 TO 300 FT OVERHEAD. I WAS SOMEWHERE IN THE AREA OF DARTS INTERSECTION, HEADING SOUTHWEST AND JOINING V186. THE OTHER ACFT WAS ON A WESTERLY HEADING, IT APPEARED TO BE IN LEVEL FLT. I REALIZE THAT IN VMC, EVERYONE IS ON 'SEE AND AVOID,' AND I DID SEE AND AVOID THE OTHER ACFT, AS I AM HERE TO TELL ABOUT IT. BUT, I DIDN'T APPRECIATE BEING TOLD TO INCREASE MY RATE OF CLB DIRECTLY INTO THE OTHER ACFT'S PATH. IF MY ACFT HAD BEEN ABLE TO INCREASE ITS RATE OF CLB AS THE CTLR HAD REQUESTED, I WOULD HAVE BEEN MUCH CLOSER TO THE OTHER ACFT WHEN IT PASSED OVERHEAD, MAYBE EVEN COLLIDED WITH IT. I DON'T THINK THE CLTR EVEN KNEW THE OTHER ACFT WAS EVEN THERE. I GOT NO TFC CALL. IT WAS A TOTAL SURPRISE. ON MY PART, I SHOULD HAVE SEEN THE ONCOMING ACFT SOONER, I SUPPOSE I WAS TOO INTENT ON LOOKING AT THE NAVIGATION INSTRUCTIONS AS I WAS JOINING V186.

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.

BE36 pilot on IFR departure observed another aircraft pass 300 ft over the top of him before he could take evasive action. The department controller did ask him to climb faster just prior to the two aircraft passing. However, he advised that he was already at maximum climb.