Narrative:

On departure control (ny) climbing through 12500' departure control called traffic at 12 O'clock, 4 mi at 13500'. I could not see the traffic and immediately requested a vector. We were instructed to level off at 13000'. We were already passing 13000'. I then saw the small twin, and took the airplane from the first officer, pushed it over, leveling off at approximately 13300' and banked sharply to the left, as the light twin was slightly to the right of 12 O'clock. The twin banked to his left at the same time. I questioned the event to the controller and was given a frequency change. A white colored, light twin is almost impossible to see head on. We should have never been cleared to above 13000' until we passed the VFR traffic. An F/a questioned me as to what had happened because she felt the sharp turn and level off and saw the small airplane go by the right side of us. There were 140 people on our aircraft.

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Original NASA ASRS Text

Title: CLOSE PROX ACR-LGT IN CLIMB ON AIRWAY AND GA-SMA VFR CRUISE.

Narrative: ON DEP CTL (NY) CLBING THROUGH 12500' DEP CTL CALLED TFC AT 12 O'CLOCK, 4 MI AT 13500'. I COULD NOT SEE THE TFC AND IMMEDIATELY REQUESTED A VECTOR. WE WERE INSTRUCTED TO LEVEL OFF AT 13000'. WE WERE ALREADY PASSING 13000'. I THEN SAW THE SMALL TWIN, AND TOOK THE AIRPLANE FROM THE F/O, PUSHED IT OVER, LEVELING OFF AT APPROX 13300' AND BANKED SHARPLY TO THE LEFT, AS THE LIGHT TWIN WAS SLIGHTLY TO THE RIGHT OF 12 O'CLOCK. THE TWIN BANKED TO HIS LEFT AT THE SAME TIME. I QUESTIONED THE EVENT TO THE CTLR AND WAS GIVEN A FREQ CHANGE. A WHITE COLORED, LIGHT TWIN IS ALMOST IMPOSSIBLE TO SEE HEAD ON. WE SHOULD HAVE NEVER BEEN CLRED TO ABOVE 13000' UNTIL WE PASSED THE VFR TFC. AN F/A QUESTIONED ME AS TO WHAT HAD HAPPENED BECAUSE SHE FELT THE SHARP TURN AND LEVEL OFF AND SAW THE SMALL AIRPLANE GO BY THE RIGHT SIDE OF US. THERE WERE 140 PEOPLE ON OUR ACFT.

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.