Narrative:

Cleared by departure control to 11000'. As we passed approximately 7200' departure control said, 'traffic 1 O'clock indicates 8700, contact XXX on XXX.xx, good day.' as this clearance was being received we were climbing at 250 KIAS at 3000-4000 FPM. First officer looked out right side window as small aircraft flashed over fuselage at estimated 200'. First officer immediately called controller (on new frequency now). ATC saw small aircraft on VFR code but was not talking to him. First officer related our experience, but controller told us it was pilot's responsibility to avoid VFR traffic (I know that). I certainly realize what's legal and what my responsibilities are. Nevertheless, we tried to express the practicality of an earlier warning, last minute advisories are practically useless at 250K (290 TAS) (double that for 2 aircraft head on) with the legal 3 mi visibility required for VFR flight. Due to historical and political reasons we have aircraft flying in marginal (but legal) 3 mi visibility in airspace with military aircraft, business jets and acrs, most at 250 KIAS. Considering true airspeed, it is possible to have 2 aircraft closing at very high speeds in 3 mi visibility. And, some of these aircraft are full of kids and grandmas. Perhaps something like a military climb corridor is the answer. Again, I acknowledge that it was my responsibility to see and avoid VFR aircraft in the situation we encountered. Nevertheless, I suggest the following: for ATC: 1) give traffic calls as soon as possible, jet advisory service is useless when given at the last moment as is often the case. 2) recognize and take into account the approximately performance of the aircraft in common use (the large transport climbs fast and descends slow, a constant problem getting clearance to climb/continue climb or descend). The climb rate was a factor in our incident. For myself: 1) maximum outside lights below FL180 (landing lights, turnoff, taxi, wing ice lights, etc). 2) no ACARS reports sent, no company radio calls, no passenger announcements, below FL180. 3) ATC conditions permitting, consider climbing at vzf (approximately 220K) and reduced climb rate below 10000'. Perhaps it will allow just a little more time to react. 4) maintain a good lookout. Ask jumpseat to assist if we have someone. 5) absolutely no non operational conversation below FL180. For whoever makes the rules: 1) 3 mi visibility is not enough, 250K may be too fast!

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Original NASA ASRS Text

Title: LGT CLIMBING OUT OF RSW HAD NMAC WITH SMA.

Narrative: CLRED BY DEP CTL TO 11000'. AS WE PASSED APPROX 7200' DEP CTL SAID, 'TFC 1 O'CLOCK INDICATES 8700, CONTACT XXX ON XXX.XX, GOOD DAY.' AS THIS CLRNC WAS BEING RECEIVED WE WERE CLBING AT 250 KIAS AT 3000-4000 FPM. F/O LOOKED OUT RIGHT SIDE WINDOW AS SMA FLASHED OVER FUSELAGE AT ESTIMATED 200'. F/O IMMEDIATELY CALLED CTLR (ON NEW FREQ NOW). ATC SAW SMA ON VFR CODE BUT WAS NOT TALKING TO HIM. F/O RELATED OUR EXPERIENCE, BUT CTLR TOLD US IT WAS PLT'S RESPONSIBILITY TO AVOID VFR TFC (I KNOW THAT). I CERTAINLY REALIZE WHAT'S LEGAL AND WHAT MY RESPONSIBILITIES ARE. NEVERTHELESS, WE TRIED TO EXPRESS THE PRACTICALITY OF AN EARLIER WARNING, LAST MINUTE ADVISORIES ARE PRACTICALLY USELESS AT 250K (290 TAS) (DOUBLE THAT FOR 2 ACFT HEAD ON) WITH THE LEGAL 3 MI VIS REQUIRED FOR VFR FLT. DUE TO HISTORICAL AND POLITICAL REASONS WE HAVE ACFT FLYING IN MARGINAL (BUT LEGAL) 3 MI VIS IN AIRSPACE WITH MIL ACFT, BUSINESS JETS AND ACRS, MOST AT 250 KIAS. CONSIDERING TRUE AIRSPD, IT IS POSSIBLE TO HAVE 2 ACFT CLOSING AT VERY HIGH SPDS IN 3 MI VIS. AND, SOME OF THESE ACFT ARE FULL OF KIDS AND GRANDMAS. PERHAPS SOMETHING LIKE A MIL CLB CORRIDOR IS THE ANSWER. AGAIN, I ACKNOWLEDGE THAT IT WAS MY RESPONSIBILITY TO SEE AND AVOID VFR ACFT IN THE SITUATION WE ENCOUNTERED. NEVERTHELESS, I SUGGEST THE FOLLOWING: FOR ATC: 1) GIVE TFC CALLS ASAP, JET ADVISORY SVC IS USELESS WHEN GIVEN AT THE LAST MOMENT AS IS OFTEN THE CASE. 2) RECOGNIZE AND TAKE INTO ACCOUNT THE APPROX PERFORMANCE OF THE ACFT IN COMMON USE (THE LGT CLBS FAST AND DESCENDS SLOW, A CONSTANT PROB GETTING CLRNC TO CLB/CONTINUE CLB OR DSND). THE CLB RATE WAS A FACTOR IN OUR INCIDENT. FOR MYSELF: 1) MAX OUTSIDE LIGHTS BELOW FL180 (LNDG LIGHTS, TURNOFF, TAXI, WING ICE LIGHTS, ETC). 2) NO ACARS RPTS SENT, NO COMPANY RADIO CALLS, NO PAX ANNOUNCEMENTS, BELOW FL180. 3) ATC CONDITIONS PERMITTING, CONSIDER CLBING AT VZF (APPROX 220K) AND REDUCED CLB RATE BELOW 10000'. PERHAPS IT WILL ALLOW JUST A LITTLE MORE TIME TO REACT. 4) MAINTAIN A GOOD LOOKOUT. ASK JUMPSEAT TO ASSIST IF WE HAVE SOMEONE. 5) ABSOLUTELY NO NON OPERATIONAL CONVERSATION BELOW FL180. FOR WHOEVER MAKES THE RULES: 1) 3 MI VIS IS NOT ENOUGH, 250K MAY BE TOO FAST!

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