Potential conflict or near midair collision avoided by controller's TA given reference departure tra...

Attributes
ACN	204673
Time
Date	199203
Day	Tue
Local Time Of Day	0601 To 1200
Place
Locale Reference	airport : sjc
State Reference	CA
Altitude	msl bound lower : 1000 msl bound upper : 1700
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tower : sjc
Operator	common carrier : air carrier
Make Model Name	Light Transport, Low Wing, 2 Turboprop Eng
Flight Phase	climbout : intermediate altitude climbout : takeoff
Flight Plan	IFR
Aircraft 2
Make Model Name	Small Aircraft, High Wing, 1 Eng, Retractable Gear
Flight Phase	cruise other
Flight Plan	VFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 150 flight time total : 3900 flight time type : 2000
ASRS Report	204673
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : instrument pilot : commercial
Events
Anomaly	conflict : airborne less severe non adherence : far non adherence : published procedure non adherence : required legal separation other anomaly other
Independent Detector	other controllera
Resolutory Action	flight crew : took evasive action
Consequence	Other
Miss Distance	horizontal : 3000 vertical : 700
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation
Situations
ATC Facility	procedure or policy : unspecified

Narrative:

I was the captain of flight. We were cleared for takeoff on runway 30L. As we were climbing through 900 MSL at 2000 FPM, the tower called traffic '12 O'clock less than 1 mi 1800 ft an small aircraft.' I abruptly forced the nose over to level off to avoid a near miss. The tower controller did not feel there was any concern because we were operating in VFR. I think that it is inappropriate to have VFR traffic in the IFR departure corridor. I am more than willing to delay on the ground if the operations are necessary. But takeoff and climb is too critical time to be avoiding VFR traffic!

Original NASA ASRS Text

Title: POTENTIAL CONFLICT OR NMAC AVOIDED BY CTLR'S TA GIVEN REF DEP TFC.

Narrative: I WAS THE CAPT OF FLT. WE WERE CLRED FOR TKOF ON RWY 30L. AS WE WERE CLBING THROUGH 900 MSL AT 2000 FPM, THE TWR CALLED TFC '12 O'CLOCK LESS THAN 1 MI 1800 FT AN SMA.' I ABRUPTLY FORCED THE NOSE OVER TO LEVEL OFF TO AVOID A NEAR MISS. THE TWR CTLR DID NOT FEEL THERE WAS ANY CONCERN BECAUSE WE WERE OPERATING IN VFR. I THINK THAT IT IS INAPPROPRIATE TO HAVE VFR TFC IN THE IFR DEP CORRIDOR. I AM MORE THAN WILLING TO DELAY ON THE GND IF THE OPS ARE NECESSARY. BUT TKOF AND CLB IS TOO CRITICAL TIME TO BE AVOIDING VFR TFC!

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.

Potential conflict or near midair collision avoided by controller's TA given reference departure traffic.