Near midair collision between a departing BE35 in level flight above cloud deck and a C182 climbing through cloud deck, VFR. The C182 took evasive action by turning.

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Attributes
ACN	363431
Time
Date	199703
Day	Sun
Local Time Of Day	0601 To 1200
Place
Locale Reference	airport : ptk
State Reference	MI
Altitude	msl bound lower : 4500 msl bound upper : 4500
Environment
Flight Conditions	Mixed
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : dtw
Operator	general aviation : personal
Make Model Name	Bonanza 35
Operating Under FAR Part	Part 91
Flight Phase	cruise other
Route In Use	enroute : direct
Flight Plan	IFR
Aircraft 2
Make Model Name	Skylane 182/RG Turbo Skylane/RG
Operating Under FAR Part	Part 91
Flight Phase	climbout : intermediate altitude
Person 1
Affiliation	Other
Function	flight crew : single pilot
Qualification	pilot : instrument
Experience	flight time last 90 days : 18 flight time total : 350 flight time type : 205
ASRS Report	363431
Person 2
Function	flight crew : single pilot
Events
Anomaly	conflict : nmac inflight encounter : vfr in imc non adherence : far other anomaly other
Independent Detector	other flight crewa
Resolutory Action	flight crew : took evasive action
Consequence	Other
Miss Distance	horizontal : 30 vertical : 10
Supplementary
Primary Problem	Flight Crew Human Performance

Narrative:

Departed oakland/pontiac (ptk) on IFR flight to cgx. Clearance was 4000 ft, runway heading then advised direct jackson. At 4000 ft cloud deck was becoming obscured and advised detroit I'd like a VFR on top clearance. I was told to climb to 4500 ft and advise. At 4300 ft I advised dtw that I was on top and level at 4500 ft. A few mins later, my wife noticed an aircraft climbing off our left wingtip. The aircraft banked to the left, as to avoid a collision. To the best of my knowledge, the cessna was VFR, climbing through a 500 ft overcast layer. After the near miss the cessna climbed to 6500 ft.

Original NASA ASRS Text

Title: NMAC BTWN A DEPARTING BE35 IN LEVEL FLT ABOVE CLOUD DECK AND A C182 CLBING THROUGH CLOUD DECK, VFR. THE C182 TOOK EVASIVE ACTION BY TURNING.

Narrative: DEPARTED OAKLAND/PONTIAC (PTK) ON IFR FLT TO CGX. CLRNC WAS 4000 FT, RWY HEADING THEN ADVISED DIRECT JACKSON. AT 4000 FT CLOUD DECK WAS BECOMING OBSCURED AND ADVISED DETROIT I'D LIKE A VFR ON TOP CLRNC. I WAS TOLD TO CLB TO 4500 FT AND ADVISE. AT 4300 FT I ADVISED DTW THAT I WAS ON TOP AND LEVEL AT 4500 FT. A FEW MINS LATER, MY WIFE NOTICED AN ACFT CLBING OFF OUR L WINGTIP. THE ACFT BANKED TO THE L, AS TO AVOID A COLLISION. TO THE BEST OF MY KNOWLEDGE, THE CESSNA WAS VFR, CLBING THROUGH A 500 FT OVCST LAYER. AFTER THE NEAR MISS THE CESSNA CLBED TO 6500 FT.

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.