An EMB120 flight crew experiences a TCASII and had an near midair collision.

Attributes
ACN	576342
Time
Date	200303
Day	Thu
Local Time Of Day	1201 To 1800
Place
Locale Reference	navaid : vny.vor
State Reference	CA
Altitude	msl single value : 9000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : sct.tracon tower : cvg.tower
Operator	common carrier : air carrier
Make Model Name	Brasilia EMB-120 All Series
Operating Under FAR Part	Part 121
Navigation In Use	other other vortac
Flight Phase	climbout : intermediate altitude
Route In Use	departure sid : garman 3
Flight Plan	IFR
Aircraft 2
Controlling Facilities	tracon : sct.tracon
Operator	general aviation : personal
Make Model Name	Golden Eagle 421
Operating Under FAR Part	Part 91
Flight Phase	climbout : intermediate altitude
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : multi engine pilot : cfi pilot : commercial pilot : instrument pilot : atp
Experience	flight time last 90 days : 164 flight time total : 2950 flight time type : 1600
ASRS Report	576342
Person 2
Function	flight crew : first officer
Events
Anomaly	conflict : airborne critical conflict : nmac other anomaly other
Independent Detector	aircraft equipment : tcas other flight crewa other flight crewb
Resolutory Action	controller : issued advisory flight crew : took evasive action flight crew : took precautionary avoidance action
Supplementary
Problem Areas	Flight Crew Human Performance Airspace Structure ATC Human Performance
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Error

Narrative:

We were climbing from 7000-12000 on a vector for the los angeles gorman 3 departure on a flight from lax to bfl. At about 8600 ft MSL our TCASII alerted us to traffic at 1 O'clock position, 2 mi, plus 200 ft. As we acquired the target visually, socal approach notified us of the VFR traffic, a cessna 421 golden eagle. I told socal that we had the traffic in sight and asked to what altitude they were climbing. Socal asked the cessna, who responded '12500 ft.' over the next few seconds, it became apparent that we were on a collision course with the cessna. At about 9000 ft, my first officer, the PF, initiated a descent, and the cessna flew directly overhead. The target's altitude on the TCASII varied between +100 to +200 as it flew over us. After the cessna passed, socal told us to climb to 10000 ft, and that would be the final. However, no other mention of the cessna traffic was made besides the initial call. We were never asked to maintain visual with the traffic in our climb. I feel that since we were both talking to socal, that one of us should have been told to stop our climb until we passed each other. I believe that if we had not taken evasive action, we would have hit the cessna in a mid-air collision.

Original NASA ASRS Text

Title: AN EMB120 FLT CREW EXPERIENCES A TCASII AND HAD AN NMAC.

Narrative: WE WERE CLBING FROM 7000-12000 ON A VECTOR FOR THE LOS ANGELES GORMAN 3 DEP ON A FLT FROM LAX TO BFL. AT ABOUT 8600 FT MSL OUR TCASII ALERTED US TO TFC AT 1 O'CLOCK POS, 2 MI, PLUS 200 FT. AS WE ACQUIRED THE TARGET VISUALLY, SOCAL APCH NOTIFIED US OF THE VFR TFC, A CESSNA 421 GOLDEN EAGLE. I TOLD SOCAL THAT WE HAD THE TFC IN SIGHT AND ASKED TO WHAT ALT THEY WERE CLBING. SOCAL ASKED THE CESSNA, WHO RESPONDED '12500 FT.' OVER THE NEXT FEW SECONDS, IT BECAME APPARENT THAT WE WERE ON A COLLISION COURSE WITH THE CESSNA. AT ABOUT 9000 FT, MY FO, THE PF, INITIATED A DSCNT, AND THE CESSNA FLEW DIRECTLY OVERHEAD. THE TARGET'S ALT ON THE TCASII VARIED BTWN +100 TO +200 AS IT FLEW OVER US. AFTER THE CESSNA PASSED, SOCAL TOLD US TO CLB TO 10000 FT, AND THAT WOULD BE THE FINAL. HOWEVER, NO OTHER MENTION OF THE CESSNA TFC WAS MADE BESIDES THE INITIAL CALL. WE WERE NEVER ASKED TO MAINTAIN VISUAL WITH THE TFC IN OUR CLB. I FEEL THAT SINCE WE WERE BOTH TALKING TO SOCAL, THAT ONE OF US SHOULD HAVE BEEN TOLD TO STOP OUR CLB UNTIL WE PASSED EACH OTHER. I BELIEVE THAT IF WE HAD NOT TAKEN EVASIVE ACTION, WE WOULD HAVE HIT THE CESSNA IN A MID-AIR COLLISION.

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.