Narrative:

On the morning of nov/xx/94, we filed a flight plan from muskogee, ok, to the kansas city downtown airport. At XX55 local we called mcalester flight service to get an IFR clearance while on the ground at muskogee. We received the clearance on 122.5 MHZ, and it read as follows: 'cleared as filed, maintain 10000 ft, expect 25000 ft 10 min after departure, with a void time of XA05 local, and to contact ZFW on frequency 132.2 after departure. We departed runway 31 at XA00 and called ZFW after liftoff and reported on frequency giving our altitude leaving 2000 ft, climbing to 10000 ft, going direct butler VOR. The center controller acknowledged, but did not report we were in radar contact at this time as he was busy with other aircraft. We were climbing at approximately 4500 FPM, and at approximately 7500 ft, the controller asked what altitude we were assigned, and who had assigned us that altitude, since he showed we should only be climbing to 4000 ft. I immediately began reducing engine power as I looked at our altitude alerter to confirm our assigned altitude, which was set at 10000 ft. As my scan came back from the instrument panel to the outside, I caught a glimpse of an aircraft coming from our right. At first, it appeared to be a very large aircraft, and I immediately pushed the nose down hard to avoid a collision. The aircraft passed directly over us approximately 200- 300 ft on a direct collision course, and it was a red and white cessna 210. This whole episode from the initial controller inquiry to the near miss all happened in a matter of 3 or 4 seconds. I then called ZFW and advised him that we had been cleared to 10000 ft by mcalester radio, and read back to him our hand copied clearance. He then switched out transponder code and told us to maintain 10000 ft. I then called ZFW once on the ground in kansas city, and the area supervisor advised me that the fault had been with mcalester radio, they were only supposed to clear us to 4000 ft, and he advised me he was not aware of the cessna 210 we almost collided with. It appears the problem occurred due to a miscom between controllers. The controller didn't listen to our initial callup with the altitude reports, he probably heard what he wanted to hear, and we were probably outclbing his radar altitude reading capabilities at 4500 FPM. He probably caught our altitude as the aircraft rate of ascent went below 4000 FPM at approximately 7000 ft. His call however was very timely, since it gave me a few extra seconds as I reduced power and attempted to confirm our assigned altitude. Had I not started to slow the climb, I believe we might have come a lot closer or possibly collided with the cessna. Besides the obvious ATC communication problem, the see and be seen concept worked in this situation and it may have saved our lives. Just because you're on an IFR clearance doesn't mean you should not be continually looking for conflicting traffic. Supplemental information from acn 288183: the clearance came back -- 'cleared to kansas city international as filed 10000 ft. Etc -- on the readback I clarified that we needed to be 'cleared to mkc (downtown -- not international! After I read back clearance I had missed the readback on -- (XA00) (XA05) (XX57) so I repeated that after prompting from FSS and it was correct and he said he would check destination and clarify. After a brief time FSS came back and corrected our destination to 'mkc as filed.' we were 'wheeling up at XA01' and through 2000 ft. I called ZFW with -- 'ZFW , cpr X out of 2000 ft for 10000 ft. The controller acknowledged! The PF contacted ZFW on the ground at mkc and several other facilities by phone and the last I heard was that center and FSS were going to pull the tapes because FSS was saying center had given him 10000 ft and center was denying it! A simple miscom: careless? Or misread? Facility to facility. We need to listen to clearance -- readback -- and carefully listen to readback to insure we did hear what the other person said! We need to vigilantly watch for other traffic!! I'm very glad we're all safe!

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Original NASA ASRS Text

Title: OP DEV NMAC.

Narrative: ON THE MORNING OF NOV/XX/94, WE FILED A FLT PLAN FROM MUSKOGEE, OK, TO THE KANSAS CITY DOWNTOWN ARPT. AT XX55 LCL WE CALLED MCALESTER FLT SVC TO GET AN IFR CLRNC WHILE ON THE GND AT MUSKOGEE. WE RECEIVED THE CLRNC ON 122.5 MHZ, AND IT READ AS FOLLOWS: 'CLRED AS FILED, MAINTAIN 10000 FT, EXPECT 25000 FT 10 MIN AFTER DEP, WITH A VOID TIME OF XA05 LCL, AND TO CONTACT ZFW ON FREQ 132.2 AFTER DEP. WE DEPARTED RWY 31 AT XA00 AND CALLED ZFW AFTER LIFTOFF AND RPTED ON FREQ GIVING OUR ALT LEAVING 2000 FT, CLBING TO 10000 FT, GOING DIRECT BUTLER VOR. THE CTR CTLR ACKNOWLEDGED, BUT DID NOT RPT WE WERE IN RADAR CONTACT AT THIS TIME AS HE WAS BUSY WITH OTHER ACFT. WE WERE CLBING AT APPROX 4500 FPM, AND AT APPROX 7500 FT, THE CTLR ASKED WHAT ALT WE WERE ASSIGNED, AND WHO HAD ASSIGNED US THAT ALT, SINCE HE SHOWED WE SHOULD ONLY BE CLBING TO 4000 FT. I IMMEDIATELY BEGAN REDUCING ENG PWR AS I LOOKED AT OUR ALT ALERTER TO CONFIRM OUR ASSIGNED ALT, WHICH WAS SET AT 10000 FT. AS MY SCAN CAME BACK FROM THE INST PANEL TO THE OUTSIDE, I CAUGHT A GLIMPSE OF AN ACFT COMING FROM OUR R. AT FIRST, IT APPEARED TO BE A VERY LARGE ACFT, AND I IMMEDIATELY PUSHED THE NOSE DOWN HARD TO AVOID A COLLISION. THE ACFT PASSED DIRECTLY OVER US APPROX 200- 300 FT ON A DIRECT COLLISION COURSE, AND IT WAS A RED AND WHITE CESSNA 210. THIS WHOLE EPISODE FROM THE INITIAL CTLR INQUIRY TO THE NEAR MISS ALL HAPPENED IN A MATTER OF 3 OR 4 SECONDS. I THEN CALLED ZFW AND ADVISED HIM THAT WE HAD BEEN CLRED TO 10000 FT BY MCALESTER RADIO, AND READ BACK TO HIM OUR HAND COPIED CLRNC. HE THEN SWITCHED OUT XPONDER CODE AND TOLD US TO MAINTAIN 10000 FT. I THEN CALLED ZFW ONCE ON THE GND IN KANSAS CITY, AND THE AREA SUPVR ADVISED ME THAT THE FAULT HAD BEEN WITH MCALESTER RADIO, THEY WERE ONLY SUPPOSED TO CLR US TO 4000 FT, AND HE ADVISED ME HE WAS NOT AWARE OF THE CESSNA 210 WE ALMOST COLLIDED WITH. IT APPEARS THE PROB OCCURRED DUE TO A MISCOM BTWN CTLRS. THE CTLR DIDN'T LISTEN TO OUR INITIAL CALLUP WITH THE ALT RPTS, HE PROBABLY HEARD WHAT HE WANTED TO HEAR, AND WE WERE PROBABLY OUTCLBING HIS RADAR ALT READING CAPABILITIES AT 4500 FPM. HE PROBABLY CAUGHT OUR ALT AS THE ACFT RATE OF ASCENT WENT BELOW 4000 FPM AT APPROX 7000 FT. HIS CALL HOWEVER WAS VERY TIMELY, SINCE IT GAVE ME A FEW EXTRA SECONDS AS I REDUCED PWR AND ATTEMPTED TO CONFIRM OUR ASSIGNED ALT. HAD I NOT STARTED TO SLOW THE CLB, I BELIEVE WE MIGHT HAVE COME A LOT CLOSER OR POSSIBLY COLLIDED WITH THE CESSNA. BESIDES THE OBVIOUS ATC COM PROB, THE SEE AND BE SEEN CONCEPT WORKED IN THIS SIT AND IT MAY HAVE SAVED OUR LIVES. JUST BECAUSE YOU'RE ON AN IFR CLRNC DOESN'T MEAN YOU SHOULD NOT BE CONTINUALLY LOOKING FOR CONFLICTING TFC. SUPPLEMENTAL INFO FROM ACN 288183: THE CLRNC CAME BACK -- 'CLRED TO KANSAS CITY INTL AS FILED 10000 FT. ETC -- ON THE READBACK I CLARIFIED THAT WE NEEDED TO BE 'CLRED TO MKC (DOWNTOWN -- NOT INTL! AFTER I READ BACK CLRNC I HAD MISSED THE READBACK ON -- (XA00) (XA05) (XX57) SO I REPEATED THAT AFTER PROMPTING FROM FSS AND IT WAS CORRECT AND HE SAID HE WOULD CHK DEST AND CLARIFY. AFTER A BRIEF TIME FSS CAME BACK AND CORRECTED OUR DEST TO 'MKC AS FILED.' WE WERE 'WHEELING UP AT XA01' AND THROUGH 2000 FT. I CALLED ZFW WITH -- 'ZFW , CPR X OUT OF 2000 FT FOR 10000 FT. THE CTLR ACKNOWLEDGED! THE PF CONTACTED ZFW ON THE GND AT MKC AND SEVERAL OTHER FACILITIES BY PHONE AND THE LAST I HEARD WAS THAT CTR AND FSS WERE GOING TO PULL THE TAPES BECAUSE FSS WAS SAYING CTR HAD GIVEN HIM 10000 FT AND CTR WAS DENYING IT! A SIMPLE MISCOM: CARELESS? OR MISREAD? FACILITY TO FACILITY. WE NEED TO LISTEN TO CLRNC -- READBACK -- AND CAREFULLY LISTEN TO READBACK TO INSURE WE DID HEAR WHAT THE OTHER PERSON SAID! WE NEED TO VIGILANTLY WATCH FOR OTHER TFC!! I'M VERY GLAD WE'RE ALL SAFE!

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.