Beech B36 pilot has an airborne conflict.

Attributes
ACN	720004
Time
Date	200602
Local Time Of Day	0601 To 1200
Place
Locale Reference	airport : lvk.airport
State Reference	CA
Altitude	msl bound lower : 9500 msl bound upper : 9700
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : nct.tracon tower : roa.tower
Operator	general aviation : personal
Make Model Name	Bonanza 36
Operating Under FAR Part	Part 91
Flight Phase	climbout : initial
Flight Plan	None
Aircraft 2
Controlling Facilities	tracon : nct.tracon
Operator	common carrier : air carrier
Make Model Name	Any Unknown or Unlisted Aircraft Manufacturer
Operating Under FAR Part	Part 121
Flight Phase	descent : approach
Flight Plan	IFR
Person 1
Affiliation	other
Function	flight crew : single pilot
Qualification	pilot : private pilot : instrument
Experience	flight time last 90 days : 30 flight time total : 2000 flight time type : 1600
ASRS Report	720004
Person 2
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Events
Anomaly	conflict : airborne critical non adherence : required legal separation
Independent Detector	other controllera other flight crewa
Resolutory Action	flight crew : took evasive action
Miss Distance	vertical : 300
Supplementary
Problem Areas	Airspace Structure ATC Human Performance Flight Crew Human Performance
Primary Problem	Ambiguous

Narrative:

I departed VFR from sjc en route trk. Radio contact was established and maintained with various norcal sectors. Near livermore I was asked my desired altitude. I said 9500 ft; and was told VFR climb approved. (Note #1) I climbed to 9500 ft and decided I would prefer 11500 ft. I was at 9700 ft and the controller asked if I was going to stay at 9500 ft. (Note #2) I said I would prefer 11500 ft. I then heard the controller contact a commercial airline advising him to climb. Seeing that airline I leveled off and descended back to 9500 ft. (Note #3) the commercial airline reported a 300 ft separation; and had me on TCAS. The remainder of the flight was uneventful. Note #1) I was in VFR conditions; class east airspace and was told VFR climb approved. I do not know if I was obligated to stop at my previously stated desired altitude of 9500 ft. Note #2) a statement to maintain at or below 9500 ft would have been much more appropriate than a question of am I going to stay at 9500 ft. Note #3) I am surprised I was even given a VFR climb approved to at least 9500 ft given the path of the commercial airline.

Original NASA ASRS Text

Title: BEECH B36 PLT HAS AN AIRBORNE CONFLICT.

Narrative: I DEPARTED VFR FROM SJC ENRTE TRK. RADIO CONTACT WAS ESTABLISHED AND MAINTAINED WITH VARIOUS NORCAL SECTORS. NEAR LIVERMORE I WAS ASKED MY DESIRED ALT. I SAID 9500 FT; AND WAS TOLD VFR CLB APPROVED. (NOTE #1) I CLBED TO 9500 FT AND DECIDED I WOULD PREFER 11500 FT. I WAS AT 9700 FT AND THE CTLR ASKED IF I WAS GOING TO STAY AT 9500 FT. (NOTE #2) I SAID I WOULD PREFER 11500 FT. I THEN HEARD THE CTLR CONTACT A COMMERCIAL AIRLINE ADVISING HIM TO CLB. SEEING THAT AIRLINE I LEVELED OFF AND DSNDED BACK TO 9500 FT. (NOTE #3) THE COMMERCIAL AIRLINE RPTED A 300 FT SEPARATION; AND HAD ME ON TCAS. THE REMAINDER OF THE FLT WAS UNEVENTFUL. NOTE #1) I WAS IN VFR CONDITIONS; CLASS E AIRSPACE AND WAS TOLD VFR CLB APPROVED. I DO NOT KNOW IF I WAS OBLIGATED TO STOP AT MY PREVIOUSLY STATED DESIRED ALT OF 9500 FT. NOTE #2) A STATEMENT TO MAINTAIN AT OR BELOW 9500 FT WOULD HAVE BEEN MUCH MORE APPROPRIATE THAN A QUESTION OF AM I GOING TO STAY AT 9500 FT. NOTE #3) I AM SURPRISED I WAS EVEN GIVEN A VFR CLB APPROVED TO AT LEAST 9500 FT GIVEN THE PATH OF THE COMMERCIAL AIRLINE.

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.