Near midair collision.

Attributes
ACN	159605
Time
Date	199010
Day	Mon
Local Time Of Day	1201 To 1800
Place
Locale Reference	airport : sjc
State Reference	CA
Altitude	msl bound lower : 5000 msl bound upper : 5000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : oak
Operator	common carrier : air carrier
Make Model Name	Medium Large Transport, Low Wing, 2 Turbojet Eng
Flight Phase	cruise other cruise other
Route In Use	departure sid : sid enroute : on vectors
Flight Plan	IFR
Aircraft 2
Operator	general aviation : personal
Make Model Name	Small Aircraft, Low Wing, 1 Eng, Retractable Gear
Flight Phase	cruise other
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time total : 13000
ASRS Report	159605
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : commercial pilot : instrument
Events
Anomaly	conflict : nmac other anomaly other
Independent Detector	other flight crewa other other : unspecified
Resolutory Action	none taken : insufficient time none taken : detected after the fact
Consequence	Other
Miss Distance	horizontal : 250 vertical : 20
Supplementary
Primary Problem	ATC Human Performance
Air Traffic Incident	Inter Facility Coordination Failure
Situations
ATC Facility	procedure or policy : unspecified

Narrative:

On loupe departure from sjc was given frequency change to bay TRACON by tower. Finished clean up of aircraft and attempted call bay. Much frequency congestion (I think a navy plane was getting a clearance) and I could not get through. After we had leveled at 5000' the copilot said, 'look at that.' I saw an small aircraft flash by the right side opp direction. When I finally got bay and asked them what was going on they said they had told the tower to stop us at 4000' but we had already departed. The small aircraft came up on frequency and said he had us in sight the whole time. It was still unnerving.

Original NASA ASRS Text

Title: NMAC.

Narrative: ON LOUPE DEP FROM SJC WAS GIVEN FREQ CHANGE TO BAY TRACON BY TWR. FINISHED CLEAN UP OF ACFT AND ATTEMPTED CALL BAY. MUCH FREQ CONGESTION (I THINK A NAVY PLANE WAS GETTING A CLRNC) AND I COULD NOT GET THROUGH. AFTER WE HAD LEVELED AT 5000' THE COPLT SAID, 'LOOK AT THAT.' I SAW AN SMA FLASH BY THE RIGHT SIDE OPP DIRECTION. WHEN I FINALLY GOT BAY AND ASKED THEM WHAT WAS GOING ON THEY SAID THEY HAD TOLD THE TWR TO STOP US AT 4000' BUT WE HAD ALREADY DEPARTED. THE SMA CAME UP ON FREQ AND SAID HE HAD US IN SIGHT THE WHOLE TIME. IT WAS STILL UNNERVING.

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.