Near midair collision with MTR attempting to maintain VFR in marginal conditions.

Attributes
ACN	90558
Time
Date	198807
Day	Mon
Local Time Of Day	0601 To 1200
Place
Locale Reference	atc facility : cew airport : pns
State Reference	FL
Altitude	msl bound lower : 7500 msl bound upper : 9000
Environment
Flight Conditions	Mixed
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : pns
Operator	common carrier : air carrier
Make Model Name	Medium Large Transport, Low Wing, 2 Turbojet Eng
Navigation In Use	Other
Flight Phase	climbout : intermediate altitude
Route In Use	enroute : on vectors
Flight Plan	IFR
Aircraft 2
Operator	other
Make Model Name	Military Trainer
Flight Phase	climbout : intermediate altitude
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : instrument pilot : commercial pilot : flight engineer
Experience	flight time last 90 days : 180 flight time total : 5450 flight time type : 1600
ASRS Report	90558
Person 2
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Events
Anomaly	conflict : nmac
Independent Detector	other flight crewa
Resolutory Action	controller : issued new clearance flight crew : took evasive action
Consequence	Other
Miss Distance	horizontal : 0 vertical : 300
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

Departed kpns at XA48Z on runway 22R. Pns departure control (119.0) cleared to 10000' and a left turn to 360 degrees. At XA52Z passing 7500' pns departure control advised flight of VFR traffic at 12 O'clock, 3 mi, heading southwest, at 8800'. We were instructed to maintain 9000'. Noted traffic well ahead and high heading eastbound. While leveling at 9000' sighted a navy trainer MTR at 1 O'clock, less than 1/4 mi, slightly below (less than 200') and climbing. Captain initiated a climbing left turn. MTR passed directly underneath approximately 300'. Advised pns departure of altitude deviation, MTR traffic and descended back to 9000'. Contributing factors: MTR was trying to maintain VFR in marginal VFR conditions. Towering cumulus and numerous broken cloud layers prevented him from maintaining adequate sep. Departure control should have stopped our climb at 8000' to remain below traffic or continue to the original clearance altitude of 10000' to get above him.

Original NASA ASRS Text

Title: NMAC WITH MTR ATTEMPTING TO MAINTAIN VFR IN MARGINAL CONDITIONS.

Narrative: DEPARTED KPNS AT XA48Z ON RWY 22R. PNS DEP CTL (119.0) CLRED TO 10000' AND A LEFT TURN TO 360 DEGS. AT XA52Z PASSING 7500' PNS DEP CTL ADVISED FLT OF VFR TFC AT 12 O'CLOCK, 3 MI, HDG SW, AT 8800'. WE WERE INSTRUCTED TO MAINTAIN 9000'. NOTED TFC WELL AHEAD AND HIGH HDG EBND. WHILE LEVELING AT 9000' SIGHTED A NAVY TRAINER MTR AT 1 O'CLOCK, LESS THAN 1/4 MI, SLIGHTLY BELOW (LESS THAN 200') AND CLBING. CAPT INITIATED A CLBING LEFT TURN. MTR PASSED DIRECTLY UNDERNEATH APPROX 300'. ADVISED PNS DEP OF ALT DEV, MTR TFC AND DSNDED BACK TO 9000'. CONTRIBUTING FACTORS: MTR WAS TRYING TO MAINTAIN VFR IN MARGINAL VFR CONDITIONS. TOWERING CUMULUS AND NUMEROUS BROKEN CLOUD LAYERS PREVENTED HIM FROM MAINTAINING ADEQUATE SEP. DEP CTL SHOULD HAVE STOPPED OUR CLB AT 8000' TO REMAIN BELOW TFC OR CONTINUE TO THE ORIGINAL CLRNC ALT OF 10000' TO GET ABOVE HIM.

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.