Narrative:

We departed mcc on runway 16 VFR using 122.975 for CTAF. After departure; while climbing; we requested our IFR clearance to sbp from norcal on 127.4. We were told to contact norcal on another frequency. We made contact; and were advised 'stand by.' we were squawking 1200. We continued our VFR climb and maintained a heading of approximately 160 degrees; which was runway heading and close to the on course heading for sbp. We heard radio conversations between norcal and a citation at 13000 ft as we were between 10000 ft and 12000 ft; climbing. From the controller's calls to the citation; we were unable to calculate our relative position since we did not know the heading of the citation. We slowed our rate of climb and both myself and my copilot scanned outside visually without success. Flight conditions were cavu at the time. Shortly thereafter we heard the citation pilot report a near-miss with a learjet; which we realized must have been us. There was no further communication with norcal other than routine IFR clearance. We never saw the other aircraft; although for a short time prior to the conflict we thought we had acquired the traffic; but it was a B737. Our aircraft is not equipped with TCAS which would have made this situation much safer. The other aircraft apparently had TCAS and reportedly took evasive action. The other pilot has filed an near midair collision report. We never received a traffic call from norcal; although we believed we were in radio communication with the appropriate facility and were being observed on radar. If we had departed IFR we would have been controled and conflict would have been avoided. However; this is not always possible or desirable. I will be more likely to depart IFR in the future after this event even when it is 'clear and a million.' but what does that say about the safety of VFR flight? That we shouldn't do it? Supplemental information from acn 732748: we were level at 13000 ft flying from smf to mrn talking to norcal on an IFR flight plan. We were given direct to modesto. I noticed a target on the TCAS 1500 ft below and closing on our position. I changed the TCAS range to its lowest distance to track this target. On my next scan; I saw that he was now 500 ft below and still closing on our position. I increased my scan out the window when suddenly my first officer yelled a warning and I saw a learjet about 100 ft off our right ring and climbing rapidly. I instinctively broke off left and down. I told norcal about the near miss and asked why they never told us about the aircraft. I then heard this aircraft talking to them; but did not mention the incident. I spoke to norcal later in the day over the phone and 2 different people apologized to me for the incident. Apparently; the lear was VFR and talking to them for advisories but they never told them about us nor us about them. Due to their position below and behind us there was no way to acquire the aircraft visually even if they had told us. Only the TCAS warned me of his position and since we only have TCAS 1 there was no RA. Obviously; the lear crew was not looking out the window nor watching their TCAS if they had it turned on. The errors here are by the air traffic controller not telling us of his existence and the lear crew not looking out his window; especially at a fairly low altitude in a very congested airspace.

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Original NASA ASRS Text

Title: AN LJ25 CLIMBING VFR WITH NO TCAS HAD AN NMAC WITH A CITATION AT 13000 FT.

Narrative: WE DEPARTED MCC ON RWY 16 VFR USING 122.975 FOR CTAF. AFTER DEP; WHILE CLBING; WE REQUESTED OUR IFR CLRNC TO SBP FROM NORCAL ON 127.4. WE WERE TOLD TO CONTACT NORCAL ON ANOTHER FREQ. WE MADE CONTACT; AND WERE ADVISED 'STAND BY.' WE WERE SQUAWKING 1200. WE CONTINUED OUR VFR CLB AND MAINTAINED A HDG OF APPROX 160 DEGS; WHICH WAS RWY HDG AND CLOSE TO THE ON COURSE HDG FOR SBP. WE HEARD RADIO CONVERSATIONS BTWN NORCAL AND A CITATION AT 13000 FT AS WE WERE BTWN 10000 FT AND 12000 FT; CLBING. FROM THE CTLR'S CALLS TO THE CITATION; WE WERE UNABLE TO CALCULATE OUR RELATIVE POS SINCE WE DID NOT KNOW THE HDG OF THE CITATION. WE SLOWED OUR RATE OF CLB AND BOTH MYSELF AND MY COPLT SCANNED OUTSIDE VISUALLY WITHOUT SUCCESS. FLT CONDITIONS WERE CAVU AT THE TIME. SHORTLY THEREAFTER WE HEARD THE CITATION PLT RPT A NEAR-MISS WITH A LEARJET; WHICH WE REALIZED MUST HAVE BEEN US. THERE WAS NO FURTHER COM WITH NORCAL OTHER THAN ROUTINE IFR CLRNC. WE NEVER SAW THE OTHER ACFT; ALTHOUGH FOR A SHORT TIME PRIOR TO THE CONFLICT WE THOUGHT WE HAD ACQUIRED THE TFC; BUT IT WAS A B737. OUR ACFT IS NOT EQUIPPED WITH TCAS WHICH WOULD HAVE MADE THIS SITUATION MUCH SAFER. THE OTHER ACFT APPARENTLY HAD TCAS AND REPORTEDLY TOOK EVASIVE ACTION. THE OTHER PLT HAS FILED AN NMAC REPORT. WE NEVER RECEIVED A TFC CALL FROM NORCAL; ALTHOUGH WE BELIEVED WE WERE IN RADIO COM WITH THE APPROPRIATE FACILITY AND WERE BEING OBSERVED ON RADAR. IF WE HAD DEPARTED IFR WE WOULD HAVE BEEN CTLED AND CONFLICT WOULD HAVE BEEN AVOIDED. HOWEVER; THIS IS NOT ALWAYS POSSIBLE OR DESIRABLE. I WILL BE MORE LIKELY TO DEPART IFR IN THE FUTURE AFTER THIS EVENT EVEN WHEN IT IS 'CLR AND A MILLION.' BUT WHAT DOES THAT SAY ABOUT THE SAFETY OF VFR FLT? THAT WE SHOULDN'T DO IT? SUPPLEMENTAL INFO FROM ACN 732748: WE WERE LEVEL AT 13000 FT FLYING FROM SMF TO MRN TALKING TO NORCAL ON AN IFR FLT PLAN. WE WERE GIVEN DIRECT TO MODESTO. I NOTICED A TARGET ON THE TCAS 1500 FT BELOW AND CLOSING ON OUR POS. I CHANGED THE TCAS RANGE TO ITS LOWEST DISTANCE TO TRACK THIS TARGET. ON MY NEXT SCAN; I SAW THAT HE WAS NOW 500 FT BELOW AND STILL CLOSING ON OUR POS. I INCREASED MY SCAN OUT THE WINDOW WHEN SUDDENLY MY FO YELLED A WARNING AND I SAW A LEARJET ABOUT 100 FT OFF OUR R RING AND CLBING RAPIDLY. I INSTINCTIVELY BROKE OFF L AND DOWN. I TOLD NORCAL ABOUT THE NEAR MISS AND ASKED WHY THEY NEVER TOLD US ABOUT THE ACFT. I THEN HEARD THIS ACFT TALKING TO THEM; BUT DID NOT MENTION THE INCIDENT. I SPOKE TO NORCAL LATER IN THE DAY OVER THE PHONE AND 2 DIFFERENT PEOPLE APOLOGIZED TO ME FOR THE INCIDENT. APPARENTLY; THE LEAR WAS VFR AND TALKING TO THEM FOR ADVISORIES BUT THEY NEVER TOLD THEM ABOUT US NOR US ABOUT THEM. DUE TO THEIR POS BELOW AND BEHIND US THERE WAS NO WAY TO ACQUIRE THE ACFT VISUALLY EVEN IF THEY HAD TOLD US. ONLY THE TCAS WARNED ME OF HIS POS AND SINCE WE ONLY HAVE TCAS 1 THERE WAS NO RA. OBVIOUSLY; THE LEAR CREW WAS NOT LOOKING OUT THE WINDOW NOR WATCHING THEIR TCAS IF THEY HAD IT TURNED ON. THE ERRORS HERE ARE BY THE AIR TFC CTLR NOT TELLING US OF HIS EXISTENCE AND THE LEAR CREW NOT LOOKING OUT HIS WINDOW; ESPECIALLY AT A FAIRLY LOW ALT IN A VERY CONGESTED AIRSPACE.

Data retrieved from NASA's ASRS site as of January 2009 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.