Narrative:

After takeoff from ft myers, departure control gave us a heading of 320 degrees, maintain 4000'. We were on heading and leveled off. The controller asked if we had the X flight at our 1 O'clock position hgih. Captain, F/east and I saw the traffic and captain responded yes. Controller said, 'with X as a visibility reference, you are cleared to climb in visibility conditions to 10000'.' (I'm not positive of exact wording, but I'm close.) the captain said, 'roger.' he set the 1000' in the altitude alert system and I initiated a climb. We both started watching the traffic and began to feel uncomfortable with his direction of flight. The X pilot must have too because he asked us if we were going to maintain our present heading. We responded yes since it was an assigned heading. My captain then asked X what his altitude was. He responded 6700'. We were 6000' at that time, climbing. We knew that X was descending. Either he told us or the controller, I forget which. I sensed the X flight was going across our nose from right to left. My captain told X we would level off at 6000', which we did, but I believe X kept descending. I then told my captain that I was going to turn right and go behind him. I turned approximately 30 degrees to 350 degree heading. As soon as I rolled out, the X flight passed our nose just under us and I believe he was in a right bank also taking evasive action. The X pilot called the controller and said, 'that was entirely too close!' the controller never said a word during the entire episode and did not answer the X pilot. He came up a few seconds later and cleared us to ZMA. We were wrong in hindsight to accept the visibility climb not knowing the direction of flight and his altitude. The controller was wrong I believe in suggesting or initiating the visibility climb. But regardless, why would a controller clear us for a visibility climb knowing we were on a potential collision course with us climbing through his altitude as he descended through ours?? Although we were wrong accepting the clearance, we feel we were totally set up and abandoned with no further warnings. Solution: do not approve VFR climbs when 2 aircraft are on a potential collision course. I will not accept another night visibility climb!! Supplemental information from acn 159682: PF (copilot) and I realized that we were on a collision course, and he made an evasive right turn. It appeared air carrier Y also made a right turn. Due to the fact that it was at night and air carrier Y's landing lights were pointed directly at us, it was very hard to judge distance. I would estimate less than 1 mi sep.

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Original NASA ASRS Text

Title: LGT FLT DEPARTING FMY ON VECTOR WAS GIVEN (AND FLT ACCEPTED) A VISUAL CLIMB THROUGH TRAFFIC THAT FLT CREW HAD IN SIGHT. COURSES WERE CONVERGING AND SIGHTED TRAFFIC WAS DESCENDING THROUGH REPORTER'S ALT. FO FLYING JUDICIALLY MADE A TURN AWAY AND LEVELED AT 6000' WHILE TRAFFIC DESCENDED BELOW AND CLOSE PROX.

Narrative: AFTER TKOF FROM FT MYERS, DEP CTL GAVE US A HDG OF 320 DEGS, MAINTAIN 4000'. WE WERE ON HDG AND LEVELED OFF. THE CTLR ASKED IF WE HAD THE X FLT AT OUR 1 O'CLOCK POS HGIH. CAPT, F/E AND I SAW THE TFC AND CAPT RESPONDED YES. CTLR SAID, 'WITH X AS A VIS REF, YOU ARE CLRED TO CLB IN VIS CONDITIONS TO 10000'.' (I'M NOT POSITIVE OF EXACT WORDING, BUT I'M CLOSE.) THE CAPT SAID, 'ROGER.' HE SET THE 1000' IN THE ALT ALERT SYS AND I INITIATED A CLB. WE BOTH STARTED WATCHING THE TFC AND BEGAN TO FEEL UNCOMFORTABLE WITH HIS DIRECTION OF FLT. THE X PLT MUST HAVE TOO BECAUSE HE ASKED US IF WE WERE GOING TO MAINTAIN OUR PRESENT HDG. WE RESPONDED YES SINCE IT WAS AN ASSIGNED HDG. MY CAPT THEN ASKED X WHAT HIS ALT WAS. HE RESPONDED 6700'. WE WERE 6000' AT THAT TIME, CLBING. WE KNEW THAT X WAS DSNDING. EITHER HE TOLD US OR THE CTLR, I FORGET WHICH. I SENSED THE X FLT WAS GOING ACROSS OUR NOSE FROM RIGHT TO LEFT. MY CAPT TOLD X WE WOULD LEVEL OFF AT 6000', WHICH WE DID, BUT I BELIEVE X KEPT DSNDING. I THEN TOLD MY CAPT THAT I WAS GOING TO TURN RIGHT AND GO BEHIND HIM. I TURNED APPROX 30 DEGS TO 350 DEG HDG. AS SOON AS I ROLLED OUT, THE X FLT PASSED OUR NOSE JUST UNDER US AND I BELIEVE HE WAS IN A RIGHT BANK ALSO TAKING EVASIVE ACTION. THE X PLT CALLED THE CTLR AND SAID, 'THAT WAS ENTIRELY TOO CLOSE!' THE CTLR NEVER SAID A WORD DURING THE ENTIRE EPISODE AND DID NOT ANSWER THE X PLT. HE CAME UP A FEW SECS LATER AND CLRED US TO ZMA. WE WERE WRONG IN HINDSIGHT TO ACCEPT THE VIS CLB NOT KNOWING THE DIRECTION OF FLT AND HIS ALT. THE CTLR WAS WRONG I BELIEVE IN SUGGESTING OR INITIATING THE VIS CLB. BUT REGARDLESS, WHY WOULD A CTLR CLR US FOR A VIS CLB KNOWING WE WERE ON A POTENTIAL COLLISION COURSE WITH US CLBING THROUGH HIS ALT AS HE DSNDED THROUGH OURS?? ALTHOUGH WE WERE WRONG ACCEPTING THE CLRNC, WE FEEL WE WERE TOTALLY SET UP AND ABANDONED WITH NO FURTHER WARNINGS. SOLUTION: DO NOT APPROVE VFR CLBS WHEN 2 ACFT ARE ON A POTENTIAL COLLISION COURSE. I WILL NOT ACCEPT ANOTHER NIGHT VIS CLB!! SUPPLEMENTAL INFO FROM ACN 159682: PF (COPLT) AND I REALIZED THAT WE WERE ON A COLLISION COURSE, AND HE MADE AN EVASIVE RIGHT TURN. IT APPEARED ACR Y ALSO MADE A RIGHT TURN. DUE TO THE FACT THAT IT WAS AT NIGHT AND ACR Y'S LNDG LIGHTS WERE POINTED DIRECTLY AT US, IT WAS VERY HARD TO JUDGE DISTANCE. I WOULD ESTIMATE LESS THAN 1 MI SEP.

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.