Narrative:

I was the captain, PF. A PA28 had departed azo ahead of us and was instructed to climb to 2500 ft. Azo tower cleared us for takeoff with a climb to 3000 ft on runway heading (runway 17). We had the PA28 in sight for departure. The aircraft was on a slightly diverging heading from us to the southwest. As we approached from behind and to the left, we were handed to departure control, who was not talking to the aircraft ahead. As we crossed through his altitude (2500 ft), we were about 3/4 mi off his left and slightly behind, about his 8 O'clock position. At this time, he turned into us. We got a TA which immediately turned to an RA, to climb in excess of 4000 FPM. The autothrottles were engaged and beginning to retard to level at 3000 ft. I turned them off and applied maximum climb power and pitched up to climb. As we were going through 3000 ft, ATC cleared us higher without mention of the traffic. The traffic passed below us no more than 500 ft below. We continued our climb to higher and reconfigured for a normal climb again. The traffic checked in with departure and seemed oblivious to our close encounter. I called azo ATC and questioned them about the event. The supervisor said that the traffic had us in sight and was instructed to maintain visual separation with us. We would have passed clear of him without incident had he not turned unexpectedly. ATC did not expect the PA28 to turn into us either. After reviewing the tapes, the supervisor suggested I file an near midair collision form. This could have been avoided by several means. One would be for ATC not to clear us to go so soon after slower traffic in the same general direction. We shouldn't accept the clearance. We could delay our acceleration segment until climbing clear of the traffic (we had accelerated to 250 KTS when this occurred).

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Original NASA ASRS Text

Title: AVR146 DEPARTING AZO EXPERIENCED CONFLICT WITH VFR TFC.

Narrative: I WAS THE CAPT, PF. A PA28 HAD DEPARTED AZO AHEAD OF US AND WAS INSTRUCTED TO CLB TO 2500 FT. AZO TWR CLRED US FOR TKOF WITH A CLB TO 3000 FT ON RWY HEADING (RWY 17). WE HAD THE PA28 IN SIGHT FOR DEP. THE ACFT WAS ON A SLIGHTLY DIVERGING HEADING FROM US TO THE SW. AS WE APCHED FROM BEHIND AND TO THE L, WE WERE HANDED TO DEP CTL, WHO WAS NOT TALKING TO THE ACFT AHEAD. AS WE CROSSED THROUGH HIS ALT (2500 FT), WE WERE ABOUT 3/4 MI OFF HIS L AND SLIGHTLY BEHIND, ABOUT HIS 8 O'CLOCK POS. AT THIS TIME, HE TURNED INTO US. WE GOT A TA WHICH IMMEDIATELY TURNED TO AN RA, TO CLB IN EXCESS OF 4000 FPM. THE AUTOTHROTTLES WERE ENGAGED AND BEGINNING TO RETARD TO LEVEL AT 3000 FT. I TURNED THEM OFF AND APPLIED MAX CLB PWR AND PITCHED UP TO CLB. AS WE WERE GOING THROUGH 3000 FT, ATC CLRED US HIGHER WITHOUT MENTION OF THE TFC. THE TFC PASSED BELOW US NO MORE THAN 500 FT BELOW. WE CONTINUED OUR CLB TO HIGHER AND RECONFIGURED FOR A NORMAL CLB AGAIN. THE TFC CHKED IN WITH DEP AND SEEMED OBLIVIOUS TO OUR CLOSE ENCOUNTER. I CALLED AZO ATC AND QUESTIONED THEM ABOUT THE EVENT. THE SUPVR SAID THAT THE TFC HAD US IN SIGHT AND WAS INSTRUCTED TO MAINTAIN VISUAL SEPARATION WITH US. WE WOULD HAVE PASSED CLR OF HIM WITHOUT INCIDENT HAD HE NOT TURNED UNEXPECTEDLY. ATC DID NOT EXPECT THE PA28 TO TURN INTO US EITHER. AFTER REVIEWING THE TAPES, THE SUPVR SUGGESTED I FILE AN NMAC FORM. THIS COULD HAVE BEEN AVOIDED BY SEVERAL MEANS. ONE WOULD BE FOR ATC NOT TO CLR US TO GO SO SOON AFTER SLOWER TFC IN THE SAME GENERAL DIRECTION. WE SHOULDN'T ACCEPT THE CLRNC. WE COULD DELAY OUR ACCELERATION SEGMENT UNTIL CLBING CLR OF THE TFC (WE HAD ACCELERATED TO 250 KTS WHEN THIS OCCURRED).

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.