Narrative:

Leaving abq IFR the departure controller refused our request for a VFR climb (northbound along sandia crest) thus mandating compliance with the departure route. We turned to vector heading of 310 degrees, leveled at 10000' and looked for overflt traffic. Advised to be at '1-2 O'clock, 10500'.' we acquired him at 12 O'clock, moving left, apparently at our altitude and with a descending body angle. We advised controller of our uncomfortable encounter and asked if this VFR aircraft was the reason for refusal of our VFR climb request. Her response was affirmative. I pointed out that had we been allowed to climb VFR, we'd have missed this encounter by several mi (and thousands of feet). The response was incredible. A male voice (training controller?) sarcastically interjected, 'that's your opinion.' I responded that the near miss was an on-the-scene cockpit observation. He reiterated, 'it's still your opinion.' we advised our intent to file a report, asked for controller initials (refused) and requested the tapes be preserved. Later telephone conversation with a supervisor in abq indicated he had reviewed the incident and felt the controller had opted for, and followed, a safe procedure, saying that the mode C records indicated our altitude as 10100', the VFR (small aircraft) at 10500' with converging courses and C/a. I beg to differ. I've never been this close to 'known traffic' before, and hope I never am again. It was anything but 'safe.' and, emphatically, our altimeters (both of them) showed level at 10000+/-10'. Please, ATC, don't vector us into conflict situations. If I could do this again, I'd level at 9000'. Supplemental information from acn 94902: was told traffic was at our 1-2 O'clock position swbnd. Was advised that traffic had us in sight. After looking at our 1 & 2 O'clock position, saw traffic in our 12 O'clock position in a slight descent. Male voice came on air, in a very unprofessional, gruff, snobbish voice and said that was our opinion. Captain requested tapes be saved as we would inquire into situation, and that we would like the controllers initials. In same voice, was told by male controller that the tapes were valid for 90 days, but policy would not allow him giving his initials.

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Original NASA ASRS Text

Title: CLOSE PROX BETWEEN IFR ACR AND VFR ACFT ON CROSSING COURSE. REPORTERS STATE ATC CTLR UNPROFESSIONAL ATTITUDE.

Narrative: LEAVING ABQ IFR THE DEP CTLR REFUSED OUR REQUEST FOR A VFR CLB (NBOUND ALONG SANDIA CREST) THUS MANDATING COMPLIANCE WITH THE DEP ROUTE. WE TURNED TO VECTOR HDG OF 310 DEGS, LEVELED AT 10000' AND LOOKED FOR OVERFLT TFC. ADVISED TO BE AT '1-2 O'CLOCK, 10500'.' WE ACQUIRED HIM AT 12 O'CLOCK, MOVING LEFT, APPARENTLY AT OUR ALT AND WITH A DSNDING BODY ANGLE. WE ADVISED CTLR OF OUR UNCOMFORTABLE ENCOUNTER AND ASKED IF THIS VFR ACFT WAS THE REASON FOR REFUSAL OF OUR VFR CLB REQUEST. HER RESPONSE WAS AFFIRMATIVE. I POINTED OUT THAT HAD WE BEEN ALLOWED TO CLB VFR, WE'D HAVE MISSED THIS ENCOUNTER BY SEVERAL MI (AND THOUSANDS OF FEET). THE RESPONSE WAS INCREDIBLE. A MALE VOICE (TRNING CTLR?) SARCASTICALLY INTERJECTED, 'THAT'S YOUR OPINION.' I RESPONDED THAT THE NEAR MISS WAS AN ON-THE-SCENE COCKPIT OBSERVATION. HE REITERATED, 'IT'S STILL YOUR OPINION.' WE ADVISED OUR INTENT TO FILE A RPT, ASKED FOR CTLR INITIALS (REFUSED) AND REQUESTED THE TAPES BE PRESERVED. LATER TELEPHONE CONVERSATION WITH A SUPVR IN ABQ INDICATED HE HAD REVIEWED THE INCIDENT AND FELT THE CTLR HAD OPTED FOR, AND FOLLOWED, A SAFE PROC, SAYING THAT THE MODE C RECORDS INDICATED OUR ALT AS 10100', THE VFR (SMA) AT 10500' WITH CONVERGING COURSES AND C/A. I BEG TO DIFFER. I'VE NEVER BEEN THIS CLOSE TO 'KNOWN TFC' BEFORE, AND HOPE I NEVER AM AGAIN. IT WAS ANYTHING BUT 'SAFE.' AND, EMPHATICALLY, OUR ALTIMETERS (BOTH OF THEM) SHOWED LEVEL AT 10000+/-10'. PLEASE, ATC, DON'T VECTOR US INTO CONFLICT SITUATIONS. IF I COULD DO THIS AGAIN, I'D LEVEL AT 9000'. SUPPLEMENTAL INFO FROM ACN 94902: WAS TOLD TFC WAS AT OUR 1-2 O'CLOCK POS SWBND. WAS ADVISED THAT TFC HAD US IN SIGHT. AFTER LOOKING AT OUR 1 & 2 O'CLOCK POS, SAW TFC IN OUR 12 O'CLOCK POS IN A SLIGHT DSCNT. MALE VOICE CAME ON AIR, IN A VERY UNPROFESSIONAL, GRUFF, SNOBBISH VOICE AND SAID THAT WAS OUR OPINION. CAPT REQUESTED TAPES BE SAVED AS WE WOULD INQUIRE INTO SITUATION, AND THAT WE WOULD LIKE THE CTLRS INITIALS. IN SAME VOICE, WAS TOLD BY MALE CTLR THAT THE TAPES WERE VALID FOR 90 DAYS, BUT POLICY WOULD NOT ALLOW HIM GIVING HIS INITIALS.

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.