Potential conflict while flying the prado 5 SID. No evasive action taken.

Attributes
ACN	98654
Time
Date	198811
Day	Mon
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : pdz airport : ont
State Reference	CA
Altitude	msl bound lower : 5000 msl bound upper : 5000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : ont
Operator	common carrier : air carrier
Make Model Name	Medium Large Transport, Low Wing, 2 Turbojet Eng
Flight Phase	climbout : intermediate altitude
Route In Use	departure sid : sid
Flight Plan	IFR
Aircraft 2
Make Model Name	Small Aircraft, High Wing, 1 Eng, Fixed Gear
Flight Phase	cruise other
Flight Plan	VFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 204 flight time total : 17000 flight time type : 554
ASRS Report	98654
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : instrument pilot : commercial
Events
Anomaly	conflict : airborne less severe
Independent Detector	other flight crewa
Resolutory Action	none taken : anomaly accepted
Consequence	faa : reviewed incident with flight crew
Miss Distance	horizontal : 18000 vertical : 0
Supplementary
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Deviation

Narrative:

Initial clearance from clearance delivery was prado 5 departure, maintain 7000'. Tower gave us 'maintain 3000'.' after takeoff we changed to departure control, 135.4, and he cleared us to climb and maintain 5000'. We continued climb out of 3000' for 5000', direct to pdz VOR. I noticed traffic just above horizon at 12:30-1 O'clock. Pointed it out to first officer. Out of 4000' I selected speed (250 KTS) for expected level off at 5000'. I asked the first officer if he saw the traffic. He said yes. It was still at 12:30-1 O'clock, but closer. We were approaching 5000' when departure control pointed out the traffic and said it was level at 5000' and to expedite our climb through 5000'. The first officer asked him what altitude he wanted us to go to. He said 7000' and gave us a frequency change. We continued our climb. The light aircraft high wing, single engine was about 3 mi away when we passed through his altitude. Conflict arose because of our second altitude assignment of 5000', setting up the conflict.

Original NASA ASRS Text

Title: POTENTIAL CONFLICT WHILE FLYING THE PRADO 5 SID. NO EVASIVE ACTION TAKEN.

Narrative: INITIAL CLRNC FROM CLRNC DELIVERY WAS PRADO 5 DEP, MAINTAIN 7000'. TWR GAVE US 'MAINTAIN 3000'.' AFTER TKOF WE CHANGED TO DEP CTL, 135.4, AND HE CLRED US TO CLB AND MAINTAIN 5000'. WE CONTINUED CLBOUT OF 3000' FOR 5000', DIRECT TO PDZ VOR. I NOTICED TFC JUST ABOVE HORIZON AT 12:30-1 O'CLOCK. POINTED IT OUT TO F/O. OUT OF 4000' I SELECTED SPD (250 KTS) FOR EXPECTED LEVEL OFF AT 5000'. I ASKED THE F/O IF HE SAW THE TFC. HE SAID YES. IT WAS STILL AT 12:30-1 O'CLOCK, BUT CLOSER. WE WERE APCHING 5000' WHEN DEP CTL POINTED OUT THE TFC AND SAID IT WAS LEVEL AT 5000' AND TO EXPEDITE OUR CLB THROUGH 5000'. THE F/O ASKED HIM WHAT ALT HE WANTED US TO GO TO. HE SAID 7000' AND GAVE US A FREQ CHANGE. WE CONTINUED OUR CLB. THE LIGHT ACFT HIGH WING, SINGLE ENG WAS ABOUT 3 MI AWAY WHEN WE PASSED THROUGH HIS ALT. CONFLICT AROSE BECAUSE OF OUR SECOND ALT ASSIGNMENT OF 5000', SETTING UP THE CONFLICT.

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.