Narrative:

After takeoff on departure control frequency, assigned heading 270 degree cleared to 7000'. ATC asked us to maintain 5000' however we were climbing rapidly through 5500 at that time. We informed ATC that we had already climbed through 5500'. They did not respond but gave a commuter flight a vector. By this time, I leveled off at approximately 6500' waiting to get clear ATC instructions. ATC asked us if we received instructions for a turn to 180 degree. We stated we did not receive the clearance for the turn. Result: a near miss with an small transport flight who was at approximately 7000' and flew over or near our position. My first officer had him in sight. ATIS at the time reported washington primary radar out of service. Commuter small transport had us in sight and stayed clear.

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Original NASA ASRS Text

Title: CLOSE PROX ACR-MLG COMMUTER-SMT.

Narrative: AFTER TKOF ON DEP CTL FREQ, ASSIGNED HDG 270 DEG CLRED TO 7000'. ATC ASKED US TO MAINTAIN 5000' HOWEVER WE WERE CLIMBING RAPIDLY THROUGH 5500 AT THAT TIME. WE INFORMED ATC THAT WE HAD ALREADY CLIMBED THROUGH 5500'. THEY DID NOT RESPOND BUT GAVE A COMMUTER FLT A VECTOR. BY THIS TIME, I LEVELED OFF AT APPROX 6500' WAITING TO GET CLEAR ATC INSTRUCTIONS. ATC ASKED US IF WE RECEIVED INSTRUCTIONS FOR A TURN TO 180 DEG. WE STATED WE DID NOT RECEIVE THE CLRNC FOR THE TURN. RESULT: A NEAR MISS WITH AN SMT FLT WHO WAS AT APPROX 7000' AND FLEW OVER OR NEAR OUR POSITION. MY F/O HAD HIM IN SIGHT. ATIS AT THE TIME REPORTED WASHINGTON PRIMARY RADAR OUT OF SERVICE. COMMUTER SMT HAD US IN SIGHT AND STAYED CLEAR.

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.