B737 encounters learjet on climb out when following publication departure procedure.

Attributes
ACN	320703
Time
Date	199511
Day	Sat
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : sjd
State Reference	FO
Altitude	agl bound lower : 0 agl bound upper : 10000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tower : sjd
Operator	common carrier : air carrier
Make Model Name	B737-200
Operating Under FAR Part	Part 121
Flight Phase	climbout : intermediate altitude
Route In Use	departure other
Flight Plan	IFR
Aircraft 2
Make Model Name	Gates Learjet Corp Undifferentiated or Other Model
Operating Under FAR Part	other : unknown
Flight Phase	climbout : intermediate altitude
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 250 flight time total : 18000 flight time type : 7500
ASRS Report	320703
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : commercial pilot : instrument
Events
Anomaly	conflict : airborne less severe non adherence : required legal separation other anomaly other
Independent Detector	other controllera other flight crewa
Resolutory Action	flight crew : took evasive action
Consequence	faa : reviewed incident with flight crew Other
Miss Distance	horizontal : 10000
Supplementary
Primary Problem	Ambiguous
Air Traffic Incident	Pilot Deviation

Narrative:

Departed cabo san lucas as flight sjd-phx. We departed using the published departure procedure as listed on the chart from runway 34, on the inbound portion of the teardrop procedure we encountered a learjet climbing out from sjd at approximately 2-3 mi from sjd VOR and made a slight turn to ensure adequate separation (horizontal distance was approximately 2 mi). The learjet pilot complained to the control tower in spanish and the controller asked us what we were doing. We advised him that we were doing the published departure procedure. He advised us that we should have told him what we were going to do. The clearance was climb on course then the remainder of the IFR clearance. In order to meet the MCA's and MEA's, our only course of action was to fly the published departure procedure. In addition, our flight operations manual mandates IFR departures only. The mexican controller advised us he was going to file a complaint. Callback conversation with reporter revealed the following information: reporter states his company requires the flight crew to use a departure procedure if one is published. That is what he did. He feels strongly that he could not have cleared terrain had he not followed the procedure. Controller might have clarified the departure clearance and avoided the situation. When a language difference exists, it is hard to know of position of other aircraft.

Original NASA ASRS Text

Title: B737 ENCOUNTERS LEARJET ON CLBOUT WHEN FOLLOWING PUB DEP PROC.

Narrative: DEPARTED CABO SAN LUCAS AS FLT SJD-PHX. WE DEPARTED USING THE PUBLISHED DEP PROC AS LISTED ON THE CHART FROM RWY 34, ON THE INBOUND PORTION OF THE TEARDROP PROC WE ENCOUNTERED A LEARJET CLBING OUT FROM SJD AT APPROX 2-3 MI FROM SJD VOR AND MADE A SLIGHT TURN TO ENSURE ADEQUATE SEPARATION (HORIZ DISTANCE WAS APPROX 2 MI). THE LEARJET PLT COMPLAINED TO THE CTL TWR IN SPANISH AND THE CTLR ASKED US WHAT WE WERE DOING. WE ADVISED HIM THAT WE WERE DOING THE PUBLISHED DEP PROC. HE ADVISED US THAT WE SHOULD HAVE TOLD HIM WHAT WE WERE GOING TO DO. THE CLRNC WAS CLB ON COURSE THEN THE REMAINDER OF THE IFR CLRNC. IN ORDER TO MEET THE MCA'S AND MEA'S, OUR ONLY COURSE OF ACTION WAS TO FLY THE PUBLISHED DEP PROC. IN ADDITION, OUR FLT OPS MANUAL MANDATES IFR DEPS ONLY. THE MEXICAN CTLR ADVISED US HE WAS GOING TO FILE A COMPLAINT. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: RPTR STATES HIS COMPANY REQUIRES THE FLC TO USE A DEP PROC IF ONE IS PUBLISHED. THAT IS WHAT HE DID. HE FEELS STRONGLY THAT HE COULD NOT HAVE CLRED TERRAIN HAD HE NOT FOLLOWED THE PROC. CTLR MIGHT HAVE CLARIFIED THE DEP CLRNC AND AVOIDED THE SIT. WHEN A LANGUAGE DIFFERENCE EXISTS, IT IS HARD TO KNOW OF POS OF OTHER ACFT.

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.