Narrative:

Filed on pom 6, received clearance in ont for hass 4. Received new clearance for ont 2 ave transition while pushing from the gate. Entered and verified the route in the FMS prior to departing runway 8. Given 250 degree heading vector on departure to intercept pom 323 degree radial. Handed off to los angeles low sector approaching pom VOR at the time we had a clearance to 14000 ft with restr. On initial contact with center, advised leveling at 9000 ft for restr. Controller stated confirm cleared to 14000 ft after pom. Captain said 'we are cleared to 14000 ft after gaski.' before this, we were given by departure 'maintain 14000 ft' with restr. This had already caused a problem with our autoplt already capturing at 9000 ft. We were given altitude followed by a comply with restrs. This is poor technique used by ATC and nearly resulted in us overshooting 9000 ft leveloff. The next clearance from center was climb and maintain FL230 which we acknowledged. Passing nearly FL220, we saw a traffic conflict developing first on TCASII, then visually. Our alert company aircraft crew obviously noticed this as well and turned on their landing lights and began a left turn. Within seconds of our recognition of the problem, the center controller told us to maintain FL220. We had already passed through that altitude and the captain and I both agreed that it was safer to continue the climb above the descending company traffic. The captain told ATC we were unable to level off at FL220. I took slight evasive action by turning left away from traffic and leveled at approximately FL224 then back to FL220 after traffic passed below. Our lvav system had been disengaged. We were now in cws due to this maneuver, followed soon by a re-engagement on course to gorman VOR. This event happened in close proximity to timme intersection on the departure. A dialogue followed as well as a phone call to the center supervisor on arrival.

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Original NASA ASRS Text

Title: B737 DEPARTING ONT HAS CONFLICT WITH DSNDING ACFT.

Narrative: FILED ON POM 6, RECEIVED CLRNC IN ONT FOR HASS 4. RECEIVED NEW CLRNC FOR ONT 2 AVE TRANSITION WHILE PUSHING FROM THE GATE. ENTERED AND VERIFIED THE RTE IN THE FMS PRIOR TO DEPARTING RWY 8. GIVEN 250 DEG HDG VECTOR ON DEP TO INTERCEPT POM 323 DEG RADIAL. HANDED OFF TO LOS ANGELES LOW SECTOR APCHING POM VOR AT THE TIME WE HAD A CLRNC TO 14000 FT WITH RESTR. ON INITIAL CONTACT WITH CTR, ADVISED LEVELING AT 9000 FT FOR RESTR. CTLR STATED CONFIRM CLRED TO 14000 FT AFTER POM. CAPT SAID 'WE ARE CLRED TO 14000 FT AFTER GASKI.' BEFORE THIS, WE WERE GIVEN BY DEP 'MAINTAIN 14000 FT' WITH RESTR. THIS HAD ALREADY CAUSED A PROB WITH OUR AUTOPLT ALREADY CAPTURING AT 9000 FT. WE WERE GIVEN ALT FOLLOWED BY A COMPLY WITH RESTRS. THIS IS POOR TECHNIQUE USED BY ATC AND NEARLY RESULTED IN US OVERSHOOTING 9000 FT LEVELOFF. THE NEXT CLRNC FROM CTR WAS CLB AND MAINTAIN FL230 WHICH WE ACKNOWLEDGED. PASSING NEARLY FL220, WE SAW A TFC CONFLICT DEVELOPING FIRST ON TCASII, THEN VISUALLY. OUR ALERT COMPANY ACFT CREW OBVIOUSLY NOTICED THIS AS WELL AND TURNED ON THEIR LNDG LIGHTS AND BEGAN A L TURN. WITHIN SECONDS OF OUR RECOGNITION OF THE PROB, THE CTR CTLR TOLD US TO MAINTAIN FL220. WE HAD ALREADY PASSED THROUGH THAT ALT AND THE CAPT AND I BOTH AGREED THAT IT WAS SAFER TO CONTINUE THE CLB ABOVE THE DSNDING COMPANY TFC. THE CAPT TOLD ATC WE WERE UNABLE TO LEVEL OFF AT FL220. I TOOK SLIGHT EVASIVE ACTION BY TURNING L AWAY FROM TFC AND LEVELED AT APPROX FL224 THEN BACK TO FL220 AFTER TFC PASSED BELOW. OUR LVAV SYS HAD BEEN DISENGAGED. WE WERE NOW IN CWS DUE TO THIS MANEUVER, FOLLOWED SOON BY A RE-ENGAGEMENT ON COURSE TO GORMAN VOR. THIS EVENT HAPPENED IN CLOSE PROX TO TIMME INTXN ON THE DEP. A DIALOGUE FOLLOWED AS WELL AS A PHONE CALL TO THE CTR SUPVR ON ARR.

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.