Narrative:

I contacted atlanta approach, apprised them of my location and was given a squawk code. They idented me, advising me to stay clear of the class B airspace, remain VFR and requested my cruising altitude and destination. I informed atl that I wanted 9500 ft and that my destination was sav. Atl authority/authorized a climb to my requested altitude of 9500 ft. Sky conditions were scattered with bottoms of the cloud layer at approximately 8000 ft MSL. Atl turned me over to another controller. In order to remain clear of clouds and class B airspace I turned to a heading of 090 degrees towards athens, GA, (ahn) and proceeded with my climb to 9500 ft. Upon approaching 9500 ft in order to remain VFR and clear of clouds I requested 11500 ft, which was approved by atl and was told to continue my climb to 11500 ft. At approximately XA45 hours atl asked me my heading, which I confirmed was 090 degrees. Atl advised that a brasilia commuter was at my 11 O'clock position and 5 mi descending out of 12000 ft for 11000 ft and for me to level off at 10500 ft until passage of the brasilia, which I did. Atl xferred me to another controller. I checked in giving my altitude. I had sight of the brasilia, which appeared to be at 11000 ft or higher and at my 10 O'clock position. The brasilia crossed over my position approximately 500 ft above. Upon passage, atl contacted me asking if I had seen the brasilia (which I acknowledged) and informed me that the brasilia evidently had not seen me and informed atl that I had ascended through the clouds, which was totally incorrect. The brasilia pilot informed atl that a report would be filed because of my actions. I had 2 passenger onboard, one of which is a student pilot and was in the copilot seat. He was aware of all the conversations between atl and myself, and will testify to the circumstances that occurred. Contributing factors: atl knew my intentions and direction of flight and initially cleared me to 11500 ft. Subsequently he requested that I level at 10500 ft until passage of the brasilia. Atl then turned me over to another atl frequency almost immediately. Atl evidently was not aware of the previous communications and allowed me to maintain my course and altitude.

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Original NASA ASRS Text

Title: C414 PLT AND A BRASILIA HAD LESS THAN LEGAL SEPARATION IN A80 CLASS B.

Narrative: I CONTACTED ATLANTA APCH, APPRISED THEM OF MY LOCATION AND WAS GIVEN A SQUAWK CODE. THEY IDENTED ME, ADVISING ME TO STAY CLR OF THE CLASS B AIRSPACE, REMAIN VFR AND REQUESTED MY CRUISING ALT AND DEST. I INFORMED ATL THAT I WANTED 9500 FT AND THAT MY DEST WAS SAV. ATL AUTH A CLB TO MY REQUESTED ALT OF 9500 FT. SKY CONDITIONS WERE SCATTERED WITH BOTTOMS OF THE CLOUD LAYER AT APPROX 8000 FT MSL. ATL TURNED ME OVER TO ANOTHER CTLR. IN ORDER TO REMAIN CLR OF CLOUDS AND CLASS B AIRSPACE I TURNED TO A HEADING OF 090 DEGS TOWARDS ATHENS, GA, (AHN) AND PROCEEDED WITH MY CLB TO 9500 FT. UPON APCHING 9500 FT IN ORDER TO REMAIN VFR AND CLR OF CLOUDS I REQUESTED 11500 FT, WHICH WAS APPROVED BY ATL AND WAS TOLD TO CONTINUE MY CLB TO 11500 FT. AT APPROX XA45 HRS ATL ASKED ME MY HEADING, WHICH I CONFIRMED WAS 090 DEGS. ATL ADVISED THAT A BRASILIA COMMUTER WAS AT MY 11 O'CLOCK POS AND 5 MI DSNDING OUT OF 12000 FT FOR 11000 FT AND FOR ME TO LEVEL OFF AT 10500 FT UNTIL PASSAGE OF THE BRASILIA, WHICH I DID. ATL XFERRED ME TO ANOTHER CTLR. I CHKED IN GIVING MY ALT. I HAD SIGHT OF THE BRASILIA, WHICH APPEARED TO BE AT 11000 FT OR HIGHER AND AT MY 10 O'CLOCK POS. THE BRASILIA CROSSED OVER MY POS APPROX 500 FT ABOVE. UPON PASSAGE, ATL CONTACTED ME ASKING IF I HAD SEEN THE BRASILIA (WHICH I ACKNOWLEDGED) AND INFORMED ME THAT THE BRASILIA EVIDENTLY HAD NOT SEEN ME AND INFORMED ATL THAT I HAD ASCENDED THROUGH THE CLOUDS, WHICH WAS TOTALLY INCORRECT. THE BRASILIA PLT INFORMED ATL THAT A RPT WOULD BE FILED BECAUSE OF MY ACTIONS. I HAD 2 PAX ONBOARD, ONE OF WHICH IS A STUDENT PLT AND WAS IN THE COPLT SEAT. HE WAS AWARE OF ALL THE CONVERSATIONS BTWN ATL AND MYSELF, AND WILL TESTIFY TO THE CIRCUMSTANCES THAT OCCURRED. CONTRIBUTING FACTORS: ATL KNEW MY INTENTIONS AND DIRECTION OF FLT AND INITIALLY CLRED ME TO 11500 FT. SUBSEQUENTLY HE REQUESTED THAT I LEVEL AT 10500 FT UNTIL PASSAGE OF THE BRASILIA. ATL THEN TURNED ME OVER TO ANOTHER ATL FREQ ALMOST IMMEDIATELY. ATL EVIDENTLY WAS NOT AWARE OF THE PREVIOUS COMS AND ALLOWED ME TO MAINTAIN MY COURSE AND ALT.

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.