Near midair collision between a BE400 cpr jet climbing out after takeoff to 5000 ft MSL and a cessna 152 on a training flight at 5000 ft. TCASII RA gave the BE400 the first warning to which they were climbing when departure controller instructed them to make an immediate left turn. The C152 pilots reported the BE400 in sight and was also making an evasive turn to the left.

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Attributes
ACN	521593
Time
Date	200108
Day	Wed
Local Time Of Day	1201 To 1800
Place
Locale Reference	airport : lvk.airport
State Reference	CA
Altitude	msl single value : 5000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : o90.tracon
Operator	general aviation : corporate
Make Model Name	Beechjet 400
Operating Under FAR Part	Part 91
Navigation In Use	other
Flight Phase	climbout : intermediate altitude
Flight Plan	VFR
Aircraft 2
Controlling Facilities	tracon : o90.tracon
Make Model Name	Cessna 152
Person 1
Affiliation	company : corporate
Function	flight crew : first officer
Qualification	pilot : atp
Experience	flight time last 90 days : 250 flight time total : 2600 flight time type : 400
ASRS Report	521593
Person 2
Affiliation	company : corporate
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
ASRS Report	522455
Events
Anomaly	conflict : nmac non adherence : published procedure non adherence : required legal separation other anomaly other
Independent Detector	atc equipment other atc equipment : radar aircraft equipment : tcas other controllera other flight crewa other flight crewb
Resolutory Action	flight crew : took evasive action flight crew : took precautionary avoidance action
Consequence	faa : reviewed incident with flight crew
Miss Distance	horizontal : 300 vertical : 0
Supplementary
Problem Areas	Flight Crew Human Performance ATC Human Performance
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	other

Narrative:

Cleared to 5000 ft we got a TCASII advisory of traffic. Traffic showed on TCASII closing in within 5 mi. Out of 4800 ft, traffic was not in sight nor was it called out by controller. At 1-2 mi on the TCASII, RA advised us to climb. By the time we took action, departure called out immediate left turn and apparently did the same for the C152. As we crossed altitudes (5000 ft) I finally had the C152 in sight, approximately 300 ft from us. Departure apologized for the miss numerous times. I believe that our TCASII was responsible for us not having a midair collision. Controller had a major miss in calling that traffic. Supplemental information from acn 522455: ATC said the other plane had us in sight.

Original NASA ASRS Text

Title: NMAC BTWN A BE400 CPR JET CLBING OUT AFTER TKOF TO 5000 FT MSL AND A CESSNA 152 ON A TRAINING FLT AT 5000 FT. TCASII RA GAVE THE BE400 THE FIRST WARNING TO WHICH THEY WERE CLBING WHEN DEP CTLR INSTRUCTED THEM TO MAKE AN IMMEDIATE L TURN. THE C152 PLTS RPTED THE BE400 IN SIGHT AND WAS ALSO MAKING AN EVASIVE TURN TO THE L.

Narrative: CLRED TO 5000 FT WE GOT A TCASII ADVISORY OF TFC. TFC SHOWED ON TCASII CLOSING IN WITHIN 5 MI. OUT OF 4800 FT, TFC WAS NOT IN SIGHT NOR WAS IT CALLED OUT BY CTLR. AT 1-2 MI ON THE TCASII, RA ADVISED US TO CLB. BY THE TIME WE TOOK ACTION, DEP CALLED OUT IMMEDIATE L TURN AND APPARENTLY DID THE SAME FOR THE C152. AS WE CROSSED ALTS (5000 FT) I FINALLY HAD THE C152 IN SIGHT, APPROX 300 FT FROM US. DEP APOLOGIZED FOR THE MISS NUMEROUS TIMES. I BELIEVE THAT OUR TCASII WAS RESPONSIBLE FOR US NOT HAVING A MIDAIR COLLISION. CTLR HAD A MAJOR MISS IN CALLING THAT TFC. SUPPLEMENTAL INFO FROM ACN 522455: ATC SAID THE OTHER PLANE HAD US IN SIGHT.

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.