Narrative:

At approximately 3000 ft during our climb out of sna; we were informed of traffic at 10500 ft. We reported that we were looking for the traffic. The traffic was reported again at 11 O'clock and 10500 ft. At approximately 7000 ft; I slowed the climb rate to 1200 FPM to avoid a TCAS event with the traffic at 10500 ft. As we were climbing through 8000 ft we came within approximately 1000 ft horizontally of an rv-4. The rv-4 was level at 8000 ft and flying perpendicular to our course from left to right. Our approximately heading was 175 degrees; the rv-4's approximately heading was 265 degrees. After seeing the rv-4; I turned the autoplt and autothrottles off and turned 15 degrees left to avoid the traffic. According to the ATC supervisor; 'the 10500 ft traffic; the rv-4; and our flight all converged at the same time.' 'the rv-4 pilot was not using his/her transponder and the primary target was covered by our transponder and the 10500 ft traffic.' 'the airplane (rv-4) was outside of the 30 mi veil of the san class B airspace and the lax class B airspace; making it legal for him to fly with his transponder off.' shortly after our passing the rv-4; the pilot turned his/her transponder on. Please note that the lack of a working transponder did not allow us to see the traffic on TCAS. What the pilot of the rv-4 was doing is legal -- but it is not safe. It is my suggestion that a class C arrival/departure corridor be created for aircraft using sna. I know it is easier said than done for the FAA to make a change of this magnitude. But we need to be proactive rather than reactive. Let's try to change things before there is an accident.

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Original NASA ASRS Text

Title: A B737-700 FLT CREW CLBING OUT OF SNA CAME WITHIN 1000 FT OF AN RV4 FLYING VFR WITH XPONDER OFF.

Narrative: AT APPROX 3000 FT DURING OUR CLB OUT OF SNA; WE WERE INFORMED OF TFC AT 10500 FT. WE RPTED THAT WE WERE LOOKING FOR THE TFC. THE TFC WAS RPTED AGAIN AT 11 O'CLOCK AND 10500 FT. AT APPROX 7000 FT; I SLOWED THE CLB RATE TO 1200 FPM TO AVOID A TCAS EVENT WITH THE TFC AT 10500 FT. AS WE WERE CLBING THROUGH 8000 FT WE CAME WITHIN APPROX 1000 FT HORIZONTALLY OF AN RV-4. THE RV-4 WAS LEVEL AT 8000 FT AND FLYING PERPENDICULAR TO OUR COURSE FROM L TO R. OUR APPROX HDG WAS 175 DEGS; THE RV-4'S APPROX HDG WAS 265 DEGS. AFTER SEEING THE RV-4; I TURNED THE AUTOPLT AND AUTOTHROTTLES OFF AND TURNED 15 DEGS L TO AVOID THE TFC. ACCORDING TO THE ATC SUPVR; 'THE 10500 FT TFC; THE RV-4; AND OUR FLT ALL CONVERGED AT THE SAME TIME.' 'THE RV-4 PLT WAS NOT USING HIS/HER XPONDER AND THE PRIMARY TARGET WAS COVERED BY OUR XPONDER AND THE 10500 FT TFC.' 'THE AIRPLANE (RV-4) WAS OUTSIDE OF THE 30 MI VEIL OF THE SAN CLASS B AIRSPACE AND THE LAX CLASS B AIRSPACE; MAKING IT LEGAL FOR HIM TO FLY WITH HIS XPONDER OFF.' SHORTLY AFTER OUR PASSING THE RV-4; THE PLT TURNED HIS/HER XPONDER ON. PLEASE NOTE THAT THE LACK OF A WORKING XPONDER DID NOT ALLOW US TO SEE THE TFC ON TCAS. WHAT THE PLT OF THE RV-4 WAS DOING IS LEGAL -- BUT IT IS NOT SAFE. IT IS MY SUGGESTION THAT A CLASS C ARR/DEP CORRIDOR BE CREATED FOR ACFT USING SNA. I KNOW IT IS EASIER SAID THAN DONE FOR THE FAA TO MAKE A CHANGE OF THIS MAGNITUDE. BUT WE NEED TO BE PROACTIVE RATHER THAN REACTIVE. LET'S TRY TO CHANGE THINGS BEFORE THERE IS AN ACCIDENT.

Data retrieved from NASA's ASRS site as of January 2009 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.