Narrative:

Just after takeoff, switched to departure at approximately 1 mi out. Tower had stopped us at 3000 ft (unusual). Departure control called VFR traffic, advising that traffic had us in sight and would be no factor. TCASII target at 10 O'clock position indicated potential conflict. I asked controller again and he said traffic had us north sight. Then I got an RA and applied full power and increased climb to avoid this traffic. ATC had provided higher altitude by this time so all was legal. ATC should never have cleared us for takeoff with known close VFR traffic (controled) crossing departure path. Suggestions: 1) while sna is busy, especially on a sunday, ATC must not tolerate traffic into the sna departure (back bay SID) area at altitudes which could potentially conflict with departure. 2) it is not safe to trust and rely upon a non air carrier southeast pilot to provide IFR separation to part 121 air carrier departures, ie, because the southeast pilot had us in sight should not allow ATC to clear him across our SID and at our altitude -- especially considering that we never acquired the traffic visually until he was directly under us, after we got the RA. Note that this all occurred at approximately 3 mi from sna and about 2400-2700 ft MSL.

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Original NASA ASRS Text

Title: A DEP B737-700 FLC HAS AN NMAC WITH A GA ACFT ON THE DEP PROC 3 MI S OF SNA.

Narrative: JUST AFTER TKOF, SWITCHED TO DEP AT APPROX 1 MI OUT. TWR HAD STOPPED US AT 3000 FT (UNUSUAL). DEP CTL CALLED VFR TFC, ADVISING THAT TFC HAD US IN SIGHT AND WOULD BE NO FACTOR. TCASII TARGET AT 10 O'CLOCK POS INDICATED POTENTIAL CONFLICT. I ASKED CTLR AGAIN AND HE SAID TFC HAD US N SIGHT. THEN I GOT AN RA AND APPLIED FULL PWR AND INCREASED CLB TO AVOID THIS TFC. ATC HAD PROVIDED HIGHER ALT BY THIS TIME SO ALL WAS LEGAL. ATC SHOULD NEVER HAVE CLRED US FOR TKOF WITH KNOWN CLOSE VFR TFC (CTLED) XING DEP PATH. SUGGESTIONS: 1) WHILE SNA IS BUSY, ESPECIALLY ON A SUNDAY, ATC MUST NOT TOLERATE TFC INTO THE SNA DEP (BACK BAY SID) AREA AT ALTS WHICH COULD POTENTIALLY CONFLICT WITH DEP. 2) IT IS NOT SAFE TO TRUST AND RELY UPON A NON ACR SE PLT TO PROVIDE IFR SEPARATION TO PART 121 ACR DEPS, IE, BECAUSE THE SE PLT HAD US IN SIGHT SHOULD NOT ALLOW ATC TO CLR HIM ACROSS OUR SID AND AT OUR ALT -- ESPECIALLY CONSIDERING THAT WE NEVER ACQUIRED THE TFC VISUALLY UNTIL HE WAS DIRECTLY UNDER US, AFTER WE GOT THE RA. NOTE THAT THIS ALL OCCURRED AT APPROX 3 MI FROM SNA AND ABOUT 2400-2700 FT MSL.

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.