Narrative:

We (aircraft X) were cleared to 10000 ft and radar vectors to join the airway to vhp. We leveled at 10000 ft on a 300 degree heading to intercept when departure control asked if we had a carj (aircraft Y) in sight. It was VMC at the time. We had him low on the right side. The carj was asked if he had us and he did. The controller then issued a climb to 13000 ft and a left turn to the carj and to maintain a visual separation on us. The carj started climbing from 9000 ft and turning into us. We then entered a cloud and lost visual contact. We were unable to inform departure control of the loss of contact with the carj due to frequency congestion. We still had the carj on TCASII with the TCASII set on the 3 NM range. The carj climb and turn on TCASII issued us a TA. We immediately executed a sharp l-hand turn to avoid. I then noticed the carj still climbing to within 100 ft of our altitude, to which I started a descent. During this whole period, we were IMC. There was quite a few cumulo nimbus in the area when the controller issued the climb to the carj. We slipped by a small buildup. The carj should have never accepted the visual climb clearance with the obvious visual restrs. When this occurred, we started out only being separated by approximately 1 NM on the TCASII. Frequency congestion was very bad and we were unable to advise the controller of our situation.

Related reports:

Google
 

Original NASA ASRS Text

Title: TRACON DEP CTLR ISSUES VISUAL SEPARATION CLRNC TO A CARJ BENEATH AN LR35. THE CARJ CLBS, BUT TURNS INTO THE LR35. THE LR35 INITIATES AN EVASIVE TCASII MANEUVER FROM THE CARJ. THE LR35 FLC LOSES SITE OF THE CARJ AND IS CONCERNED HOW THE PROC IS BEING UTILIZED BECAUSE NEITHER PLT CAN SEE THE OTHER.

Narrative: WE (ACFT X) WERE CLRED TO 10000 FT AND RADAR VECTORS TO JOIN THE AIRWAY TO VHP. WE LEVELED AT 10000 FT ON A 300 DEG HDG TO INTERCEPT WHEN DEP CTL ASKED IF WE HAD A CARJ (ACFT Y) IN SIGHT. IT WAS VMC AT THE TIME. WE HAD HIM LOW ON THE R SIDE. THE CARJ WAS ASKED IF HE HAD US AND HE DID. THE CTLR THEN ISSUED A CLB TO 13000 FT AND A L TURN TO THE CARJ AND TO MAINTAIN A VISUAL SEPARATION ON US. THE CARJ STARTED CLBING FROM 9000 FT AND TURNING INTO US. WE THEN ENTERED A CLOUD AND LOST VISUAL CONTACT. WE WERE UNABLE TO INFORM DEP CTL OF THE LOSS OF CONTACT WITH THE CARJ DUE TO FREQ CONGESTION. WE STILL HAD THE CARJ ON TCASII WITH THE TCASII SET ON THE 3 NM RANGE. THE CARJ CLB AND TURN ON TCASII ISSUED US A TA. WE IMMEDIATELY EXECUTED A SHARP L-HAND TURN TO AVOID. I THEN NOTICED THE CARJ STILL CLBING TO WITHIN 100 FT OF OUR ALT, TO WHICH I STARTED A DSCNT. DURING THIS WHOLE PERIOD, WE WERE IMC. THERE WAS QUITE A FEW CUMULO NIMBUS IN THE AREA WHEN THE CTLR ISSUED THE CLB TO THE CARJ. WE SLIPPED BY A SMALL BUILDUP. THE CARJ SHOULD HAVE NEVER ACCEPTED THE VISUAL CLB CLRNC WITH THE OBVIOUS VISUAL RESTRS. WHEN THIS OCCURRED, WE STARTED OUT ONLY BEING SEPARATED BY APPROX 1 NM ON THE TCASII. FREQ CONGESTION WAS VERY BAD AND WE WERE UNABLE TO ADVISE THE CTLR OF OUR SIT.

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.