Narrative:

IFR clearance received. Cleared to take off and climb to 3000 ft. Were given vector and assigned heading. At 2900 ft, captain (PNF) saw conflicting traffic at approximately same altitude. Evasive action taken. Our aircraft climbed to avoid midair. Climb resulted in an altitude deviation of 500 ft (to 3500 ft). Traffic should have been controled to avoid this. Supplemental information from acn 397125: pwk tower cleared westwind jet for takeoff on runway 34, left turn heading 290 degrees, climb and maintain 3000 ft. I noticed an aircraft in the pilot's windshield. At that point, I took control of the airplane and began climbing as TCASII sounded. I was able to avoid a midair collision by climbing above the other aircraft. The PF did not see the other aircraft because it all happened so quickly. It is my belief that while on an IFR flight plan, we should have had an extra margin of safety. After missing the other aircraft I advised the tower controller and TRACON of the near midair collision and requested that they hold the tapes. Once I landed at mke, I telephoned tower and TRACON. The tower controller and his supervisor were both very adamant in their belief that we were outside of their air traffic area and advised that the situation was beyond their control.

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Original NASA ASRS Text

Title: WW24 FLC EXECUTES EVASIVE TCASII CLB AND CLBS ABOVE ASSIGNED DEP ALT. ATC FLC REVIEW WITH TWR CTLR AND SUPVR AND TRACON SUPVR DOES NOT SATISFY PIC'S CONCERNS WITH NMAC INCIDENT.

Narrative: IFR CLRNC RECEIVED. CLRED TO TAKE OFF AND CLB TO 3000 FT. WERE GIVEN VECTOR AND ASSIGNED HDG. AT 2900 FT, CAPT (PNF) SAW CONFLICTING TFC AT APPROX SAME ALT. EVASIVE ACTION TAKEN. OUR ACFT CLBED TO AVOID MIDAIR. CLB RESULTED IN AN ALTDEV OF 500 FT (TO 3500 FT). TFC SHOULD HAVE BEEN CTLED TO AVOID THIS. SUPPLEMENTAL INFO FROM ACN 397125: PWK TWR CLRED WESTWIND JET FOR TKOF ON RWY 34, L TURN HDG 290 DEGS, CLB AND MAINTAIN 3000 FT. I NOTICED AN ACFT IN THE PLT'S WINDSHIELD. AT THAT POINT, I TOOK CTL OF THE AIRPLANE AND BEGAN CLBING AS TCASII SOUNDED. I WAS ABLE TO AVOID A MIDAIR COLLISION BY CLBING ABOVE THE OTHER ACFT. THE PF DID NOT SEE THE OTHER ACFT BECAUSE IT ALL HAPPENED SO QUICKLY. IT IS MY BELIEF THAT WHILE ON AN IFR FLT PLAN, WE SHOULD HAVE HAD AN EXTRA MARGIN OF SAFETY. AFTER MISSING THE OTHER ACFT I ADVISED THE TWR CTLR AND TRACON OF THE NMAC AND REQUESTED THAT THEY HOLD THE TAPES. ONCE I LANDED AT MKE, I TELEPHONED TWR AND TRACON. THE TWR CTLR AND HIS SUPVR WERE BOTH VERY ADAMANT IN THEIR BELIEF THAT WE WERE OUTSIDE OF THEIR ATA AND ADVISED THAT THE SIT WAS BEYOND THEIR CTL.

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.