Narrative:

On climb out from oak on radar vectors from ZOA passing approximately 8300 ft MSL on a climb to 15000 ft assigned, ZOA calmly instructed us to maintain 9000 ft for traffic. The specific traffic was not called. As the first officer read back the clearance and as we were passing approximately 8600 ft the TCASII 'traffic' alert sounded and depicted traffic at our 10 O'clock position indicating 500 ft above our altitude (remember we were just passing 8600 ft on our way to 9000 ft). I leveled off at 8700 ft, acquired the traffic visually which passed directly ahead (approximately 1000 ft horizontally) and above our position (approximately 500 ft vertically, which was confirmed by TCASII indication). Had we continued the climb to 9000 ft we would have been in a near miss situation and no doubt would have received a TCASII RA. When ATC was queried about the traffic he said, 'yeah, he was at 9500 ft, that's why I gave you 9000 ft,' or words to that effect. He did not seem too concerned when I told him that we would have had a near miss had we continued the climb to our newly assigned altitude of 9000 ft, nor did he volunteer why he did not call the position and altitude of the conflict traffic.

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Original NASA ASRS Text

Title: ACR CONCERNED WITH XING TFC WHEN CLB STOP BY CTLR.

Narrative: ON CLBOUT FROM OAK ON RADAR VECTORS FROM ZOA PASSING APPROX 8300 FT MSL ON A CLB TO 15000 FT ASSIGNED, ZOA CALMLY INSTRUCTED US TO MAINTAIN 9000 FT FOR TFC. THE SPECIFIC TFC WAS NOT CALLED. AS THE FO READ BACK THE CLRNC AND AS WE WERE PASSING APPROX 8600 FT THE TCASII 'TFC' ALERT SOUNDED AND DEPICTED TFC AT OUR 10 O'CLOCK POS INDICATING 500 FT ABOVE OUR ALT (REMEMBER WE WERE JUST PASSING 8600 FT ON OUR WAY TO 9000 FT). I LEVELED OFF AT 8700 FT, ACQUIRED THE TFC VISUALLY WHICH PASSED DIRECTLY AHEAD (APPROX 1000 FT HORIZLY) AND ABOVE OUR POS (APPROX 500 FT VERTLY, WHICH WAS CONFIRMED BY TCASII INDICATION). HAD WE CONTINUED THE CLB TO 9000 FT WE WOULD HAVE BEEN IN A NEAR MISS SIT AND NO DOUBT WOULD HAVE RECEIVED A TCASII RA. WHEN ATC WAS QUERIED ABOUT THE TFC HE SAID, 'YEAH, HE WAS AT 9500 FT, THAT'S WHY I GAVE YOU 9000 FT,' OR WORDS TO THAT EFFECT. HE DID NOT SEEM TOO CONCERNED WHEN I TOLD HIM THAT WE WOULD HAVE HAD A NEAR MISS HAD WE CONTINUED THE CLB TO OUR NEWLY ASSIGNED ALT OF 9000 FT, NOR DID HE VOLUNTEER WHY HE DID NOT CALL THE POS AND ALT OF THE CONFLICT TFC.

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.