Narrative:

Departed bur on vny 6 SID. While direct gorman climbing through 9500' we got a call from bur departure (128.75) about traffic 12 O'clock, 1 mi. I looked and saw a light civil aircraft coming at us 12:30, less than 1 mi. He was about 300' away and slightly lower than us on a parallel course. We were heading 320 degrees. He was heading 150 degrees. At that first glance I determined that we would pass above him. I increased the rate of climb smoothly using the autoplt pitch rate switch and said to the copilot, 'we're ok.' I estimated a cpa of about 300' vertical and the latitude of about 100'. Several hours later the first officer stated 500' vertical and several hundred ft latitude was his estimate. The other aircraft maintained course and altitude throughout. This appears to be one of those case where the could legally run into us. If he were at 9500' cruising altitude VFR on a course of 150 degrees and we were climbing IFR in VMC on radar vectors there could be a legal collision. Unfortunately I have to leave this problem to the experts. My recommendation is to require positive control of all airspace used by airline traffic. I realize this infringes on the GA pilots free use of the skies, but my passenger deserve safe transit. They assume that the arwys are safe but with either aircraft climbing or descending, honestly, they are not.

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Original NASA ASRS Text

Title: NMAC.

Narrative: DEPARTED BUR ON VNY 6 SID. WHILE DIRECT GORMAN CLBING THROUGH 9500' WE GOT A CALL FROM BUR DEP (128.75) ABOUT TFC 12 O'CLOCK, 1 MI. I LOOKED AND SAW A LIGHT CIVIL ACFT COMING AT US 12:30, LESS THAN 1 MI. HE WAS ABOUT 300' AWAY AND SLIGHTLY LOWER THAN US ON A PARALLEL COURSE. WE WERE HDG 320 DEGS. HE WAS HDG 150 DEGS. AT THAT FIRST GLANCE I DETERMINED THAT WE WOULD PASS ABOVE HIM. I INCREASED THE RATE OF CLB SMOOTHLY USING THE AUTOPLT PITCH RATE SWITCH AND SAID TO THE COPLT, 'WE'RE OK.' I ESTIMATED A CPA OF ABOUT 300' VERT AND THE LAT OF ABOUT 100'. SEVERAL HRS LATER THE F/O STATED 500' VERT AND SEVERAL HUNDRED FT LAT WAS HIS ESTIMATE. THE OTHER ACFT MAINTAINED COURSE AND ALT THROUGHOUT. THIS APPEARS TO BE ONE OF THOSE CASE WHERE THE COULD LEGALLY RUN INTO US. IF HE WERE AT 9500' CRUISING ALT VFR ON A COURSE OF 150 DEGS AND WE WERE CLBING IFR IN VMC ON RADAR VECTORS THERE COULD BE A LEGAL COLLISION. UNFORTUNATELY I HAVE TO LEAVE THIS PROB TO THE EXPERTS. MY RECOMMENDATION IS TO REQUIRE POSITIVE CTL OF ALL AIRSPACE USED BY AIRLINE TFC. I REALIZE THIS INFRINGES ON THE GA PLTS FREE USE OF THE SKIES, BUT MY PAX DESERVE SAFE TRANSIT. THEY ASSUME THAT THE ARWYS ARE SAFE BUT WITH EITHER ACFT CLBING OR DSNDING, HONESTLY, THEY ARE NOT.

Data retrieved from NASA's ASRS site as of July 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.