Potential conflict with aircraft operating VFR right on top of clouds.

Attributes
ACN	91332
Time
Date	198807
Day	Wed
Local Time Of Day	1201 To 1800
Place
Locale Reference	airport : lgb
State Reference	CA
Altitude	msl bound lower : 1400 msl bound upper : 1500
Environment
Flight Conditions	IMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : lax
Operator	common carrier : air carrier
Make Model Name	Medium Large Transport, Low Wing, 2 Turbojet Eng
Navigation In Use	Other
Flight Phase	climbout : intermediate altitude
Route In Use	enroute : on vectors
Flight Plan	IFR
Aircraft 2
Make Model Name	Small Aircraft
Flight Phase	cruise other
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 240 flight time total : 10000
ASRS Report	91332
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : commercial pilot : instrument
Events
Anomaly	conflict : airborne less severe
Independent Detector	other controllera
Resolutory Action	controller : issued new clearance other
Consequence	faa : reviewed incident with flight crew
Miss Distance	unspecified : 500
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

Flight for sjc departed lgb runway 30 at XA57Z, 7/wed/88. WX was 1200 overcast 4 mi, haze, tops 2000'. Our IFR clearance was runway heading to 1500', then left turn to 270 degrees to maintain 3000'. At 1400' we were given a VFR traffic alert, 11 O'clock, less than 1 mi, at 2000', maintain 1500'. We abruptly leveled off at 1500' and delayed the turn. After clear we started our climb. We never saw the traffic. We broke out on top right at 2000' MSL with no breaks in the overcast. We communicated with lax departure that this aircraft, if he was at 2000', was in clear violation of VFR cloud clearance requirements. We also requested that the aircraft be tracked. After working ZLA shortly thereafter, I called back to lgb tower to advise lax departure that I would file a near miss report. The seriousness of this type of near miss is obvious. Had departure not warned us in time, or had we had frequency problems, a disaster would be imminent.

Original NASA ASRS Text

Title: POTENTIAL CONFLICT WITH ACFT OPERATING VFR RIGHT ON TOP OF CLOUDS.

Narrative: FLT FOR SJC DEPARTED LGB RWY 30 AT XA57Z, 7/WED/88. WX WAS 1200 OVCST 4 MI, HAZE, TOPS 2000'. OUR IFR CLRNC WAS RWY HDG TO 1500', THEN LEFT TURN TO 270 DEGS TO MAINTAIN 3000'. AT 1400' WE WERE GIVEN A VFR TFC ALERT, 11 O'CLOCK, LESS THAN 1 MI, AT 2000', MAINTAIN 1500'. WE ABRUPTLY LEVELED OFF AT 1500' AND DELAYED THE TURN. AFTER CLR WE STARTED OUR CLB. WE NEVER SAW THE TFC. WE BROKE OUT ON TOP RIGHT AT 2000' MSL WITH NO BREAKS IN THE OVCST. WE COMMUNICATED WITH LAX DEP THAT THIS ACFT, IF HE WAS AT 2000', WAS IN CLEAR VIOLATION OF VFR CLOUD CLRNC REQUIREMENTS. WE ALSO REQUESTED THAT THE ACFT BE TRACKED. AFTER WORKING ZLA SHORTLY THEREAFTER, I CALLED BACK TO LGB TWR TO ADVISE LAX DEP THAT I WOULD FILE A NEAR MISS RPT. THE SERIOUSNESS OF THIS TYPE OF NEAR MISS IS OBVIOUS. HAD DEP NOT WARNED US IN TIME, OR HAD WE HAD FREQ PROBS, A DISASTER WOULD BE IMMINENT.

Data retrieved from NASA's ASRS site as of August 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.