FA20 captain reports critical conflict with GA aircraft at 5000 feet departing sli.

Attributes
ACN	789528
Time
Date	200806
Local Time Of Day	1201 To 1800
Place
Locale Reference	airport : sli.airport
State Reference	CA
Altitude	msl single value : 4800
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : sct.tracon
Operator	common carrier : air taxi
Make Model Name	Falcon 20FJF/20C/20D/20E/20F
Operating Under FAR Part	Part 135
Flight Phase	climbout : vacating altitude
Flight Plan	IFR
Aircraft 2
Controlling Facilities	tracon : sct.tracon
Make Model Name	Any Unknown or Unlisted Aircraft Manufacturer
Flight Phase	cruise : level
Person 1
Affiliation	company : air taxi
Function	flight crew : captain oversight : pic
Qualification	pilot : cfi pilot : multi engine pilot : atp
Experience	flight time last 90 days : 120 flight time total : 3800 flight time type : 1400
ASRS Report	789528
Person 2
Affiliation	government : faa
Function	controller : radar
Events
Anomaly	conflict : airborne critical
Independent Detector	other controllera
Resolutory Action	controller : issued alert controller : issued new clearance flight crew : took evasive action
Miss Distance	horizontal : 4000 vertical : 200
Supplementary
Problem Areas	Flight Crew Human Performance ATC Human Performance Airspace Structure
Primary Problem	Ambiguous

Narrative:

After departing sli socal approach was vectoring us over the water for the climb. He gave us several traffic reports. We were instructed to climb to 5000 ft and then shortly later we were given 7000 ft. Immediately after reading back the assigned altitude the controller then said 'aircraft X climb and maintain 7000 ft; stop the climb.' I then questioned this because the last part of the transmission was panicked and hard to understand. I asked him 'socal; aircraft X verify climb to 7000?' he then said 'aircraft X stop the climb no you can't stop traffic is at 4800 ft same altitude 1-2 O'clock position.' at this point I spotted the traffic and took the controls. I simultaneously pitched up and rolled away from the traffic. I'm not sure exactly what happened. I am sure there was a breakdown in communication. I believe the controller failed to give us proper instructions for avoiding the traffic. I think the controller may have been panicked and mistakenly told us to climb instead of leveling off.

Original NASA ASRS Text

Title: FA20 CAPT REPORTS CRITICAL CONFLICT WITH GA ACFT AT 5000 FEET DEPARTING SLI.

Narrative: AFTER DEPARTING SLI SOCAL APCH WAS VECTORING US OVER THE WATER FOR THE CLB. HE GAVE US SEVERAL TFC RPTS. WE WERE INSTRUCTED TO CLB TO 5000 FT AND THEN SHORTLY LATER WE WERE GIVEN 7000 FT. IMMEDIATELY AFTER READING BACK THE ASSIGNED ALT THE CTLR THEN SAID 'ACFT X CLB AND MAINTAIN 7000 FT; STOP THE CLB.' I THEN QUESTIONED THIS BECAUSE THE LAST PART OF THE XMISSION WAS PANICKED AND HARD TO UNDERSTAND. I ASKED HIM 'SOCAL; ACFT X VERIFY CLB TO 7000?' HE THEN SAID 'ACFT X STOP THE CLB NO YOU CAN'T STOP TFC IS AT 4800 FT SAME ALT 1-2 O'CLOCK POS.' AT THIS POINT I SPOTTED THE TFC AND TOOK THE CTLS. I SIMULTANEOUSLY PITCHED UP AND ROLLED AWAY FROM THE TFC. I'M NOT SURE EXACTLY WHAT HAPPENED. I AM SURE THERE WAS A BREAKDOWN IN COM. I BELIEVE THE CTLR FAILED TO GIVE US PROPER INSTRUCTIONS FOR AVOIDING THE TFC. I THINK THE CTLR MAY HAVE BEEN PANICKED AND MISTAKENLY TOLD US TO CLB INSTEAD OF LEVELING OFF.

Data retrieved from NASA's ASRS site as of May 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.