Narrative:

On VFR flight following I was flying a heading of 003 degrees, and at an altitude of 9500 ft I saw a big cumulus cloud ahead of me and I notified ATC (atl) I would like to climb to an altitude of 10500 ft which they ok'ed. I began to climb and gradually changed my heading to 358 degrees. Another aircraft on a heading of 120 degrees (approximately the same altitude) about 1 mi away was brought to my attention by ATC. I told them I 'had the other aircraft.' as the other aircraft got closer, I swerved upward to increase the separation. The other aircraft approaching (on my left) did not appear to take any evasive action but angrily stated he had to 'chop his power' to avoid a near miss situation. Probably the best solution would have been for ZTL to place us on assigned altitudes and or headings to ensure ample separation. Does the one on the right is right rule apply here?

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Original NASA ASRS Text

Title: NMAC AS MOONEY STARTS A SLOW CLB TO AVOID SOME BUILDUPS. ACFT X WAS WITH RADAR TFC ADVISORY SVC. TFC ADVISORY GIVEN. TFC SIGHTED.

Narrative: ON VFR FLT FOLLOWING I WAS FLYING A HDG OF 003 DEGS, AND AT AN ALT OF 9500 FT I SAW A BIG CUMULUS CLOUD AHEAD OF ME AND I NOTIFIED ATC (ATL) I WOULD LIKE TO CLB TO AN ALT OF 10500 FT WHICH THEY OK'ED. I BEGAN TO CLB AND GRADUALLY CHANGED MY HDG TO 358 DEGS. ANOTHER ACFT ON A HDG OF 120 DEGS (APPROX THE SAME ALT) ABOUT 1 MI AWAY WAS BROUGHT TO MY ATTN BY ATC. I TOLD THEM I 'HAD THE OTHER ACFT.' AS THE OTHER ACFT GOT CLOSER, I SWERVED UPWARD TO INCREASE THE SEPARATION. THE OTHER ACFT APCHING (ON MY L) DID NOT APPEAR TO TAKE ANY EVASIVE ACTION BUT ANGRILY STATED HE HAD TO 'CHOP HIS PWR' TO AVOID A NEAR MISS SIT. PROBABLY THE BEST SOLUTION WOULD HAVE BEEN FOR ZTL TO PLACE US ON ASSIGNED ALTS AND OR HDGS TO ENSURE AMPLE SEPARATION. DOES THE ONE ON THE RIGHT IS RIGHT RULE APPLY HERE?

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.