B737 at mia has near midair collision with taxiing B767 during takeoff.

Attributes
ACN	595263
Time
Date	200309
Day	Tue
Place
Locale Reference	airport : mia.airport
State Reference	FL
Altitude	agl single value : 0
Aircraft 1
Operator	common carrier : air carrier
Make Model Name	B737-800
Operating Under FAR Part	Part 121
Flight Phase	climbout : takeoff ground : takeoff roll
Flight Plan	IFR
Aircraft 2
Controlling Facilities	tower : mia.tower
Operator	common carrier : air carrier
Make Model Name	B767 Undifferentiated or Other Model
Operating Under FAR Part	Part 121
Flight Phase	ground : holding ground : taxi
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
ASRS Report	595263
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
ASRS Report	595264
Events
Anomaly	conflict : airborne critical conflict : nmac incursion : runway non adherence : required legal separation
Independent Detector	other flight crewa other flight crewb
Resolutory Action	flight crew : took precautionary avoidance action
Consequence	faa : investigated
Supplementary
Problem Areas	Flight Crew Human Performance ATC Human Performance
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Error

Narrative:

Near miss during takeoff. During takeoff from mia on runway 12 a wbd was taxied onto the runway. He didn't stop until the tower yelled at him to stop. We were going too fast and were too far down the runway to abort the takeoff. He came to a stop about 10 ft into the runway. We continued and lifted off and immediately initiated a left bank to avoid hitting the nose of the aircraft Y. The aircraft Y then told tower that he had been cleared to cross the runway. Dispatch was notified immediately. Just another reminder to check the runway yourself before crossing.

Original NASA ASRS Text

Title: B737 AT MIA HAS NMAC WITH TAXIING B767 DURING TKOF.

Narrative: NEAR MISS DURING TKOF. DURING TKOF FROM MIA ON RWY 12 A WBD WAS TAXIED ONTO THE RWY. HE DIDN'T STOP UNTIL THE TWR YELLED AT HIM TO STOP. WE WERE GOING TOO FAST AND WERE TOO FAR DOWN THE RWY TO ABORT THE TKOF. HE CAME TO A STOP ABOUT 10 FT INTO THE RWY. WE CONTINUED AND LIFTED OFF AND IMMEDIATELY INITIATED A L BANK TO AVOID HITTING THE NOSE OF THE ACFT Y. THE ACFT Y THEN TOLD TWR THAT HE HAD BEEN CLRED TO CROSS THE RWY. DISPATCH WAS NOTIFIED IMMEDIATELY. JUST ANOTHER REMINDER TO CHK THE RWY YOURSELF BEFORE XING.

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.