Narrative:

Near collision on climb out from bur. Day VFR 30+ mi visibility. Flight was on an assigned heading of 360 degrees, climbing to 17000'. We were looking at center called traffic at 12 O'clock and 19000'. At about 16300' I saw an small aircraft at approximately 12:30 to our aircraft with no movement indicated. I turned 30 degrees right and then I could tell the small aircraft was moving from our right to left as we went behind him. The captain was handling ATC and he asked the controller if he had that traffic at 12 O'clock that we just barely missed. The controller sounded extremely busy and responded he did and handed us off to another frequency. What really caused the problem is an ATC system that is poorly managed and overloaded. They were squawking 1200 with an operative mode C showing 16500'. The controller was too busy with other traffic to see the small aircraft on his scope. The fix is to have enough people and modern enough equipment to handle all the traffic in the sky. Releasing the money in the aviation trust fund would virtually alleviate the money problem for ATC modernization. Supplemental information from acn 93481: asked controller if he had the small aircraft on his scope and I believe he said yes.

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Original NASA ASRS Text

Title: ACR MLG HAS NMAC WITH SMA DURING CLIMB OUT OF BUR.

Narrative: NEAR COLLISION ON CLBOUT FROM BUR. DAY VFR 30+ MI VIS. FLT WAS ON AN ASSIGNED HDG OF 360 DEGS, CLBING TO 17000'. WE WERE LOOKING AT CENTER CALLED TFC AT 12 O'CLOCK AND 19000'. AT ABOUT 16300' I SAW AN SMA AT APPROX 12:30 TO OUR ACFT WITH NO MOVEMENT INDICATED. I TURNED 30 DEGS RIGHT AND THEN I COULD TELL THE SMA WAS MOVING FROM OUR RIGHT TO LEFT AS WE WENT BEHIND HIM. THE CAPT WAS HANDLING ATC AND HE ASKED THE CTLR IF HE HAD THAT TFC AT 12 O'CLOCK THAT WE JUST BARELY MISSED. THE CTLR SOUNDED EXTREMELY BUSY AND RESPONDED HE DID AND HANDED US OFF TO ANOTHER FREQ. WHAT REALLY CAUSED THE PROB IS AN ATC SYS THAT IS POORLY MANAGED AND OVERLOADED. THEY WERE SQUAWKING 1200 WITH AN OPERATIVE MODE C SHOWING 16500'. THE CTLR WAS TOO BUSY WITH OTHER TFC TO SEE THE SMA ON HIS SCOPE. THE FIX IS TO HAVE ENOUGH PEOPLE AND MODERN ENOUGH EQUIP TO HANDLE ALL THE TFC IN THE SKY. RELEASING THE MONEY IN THE AVIATION TRUST FUND WOULD VIRTUALLY ALLEVIATE THE MONEY PROB FOR ATC MODERNIZATION. SUPPLEMENTAL INFO FROM ACN 93481: ASKED CTLR IF HE HAD THE SMA ON HIS SCOPE AND I BELIEVE HE SAID YES.

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.