Near midair collision between commuter and small aircraft. Operational error.

Attributes
ACN	97049
Time
Date	198810
Day	Tue
Local Time Of Day	0601 To 1200
Place
Locale Reference	airport : gfk
State Reference	ND
Altitude	agl bound lower : 700 agl bound upper : 900
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tower : gfk artcc : zfw
Operator	common carrier : air carrier
Make Model Name	Light Transport, Low Wing, 2 Turboprop Eng
Flight Phase	climbout : initial
Route In Use	enroute : on vectors
Flight Plan	VFR
Aircraft 2
Make Model Name	Small Aircraft, High Wing, 1 Eng, Fixed Gear
Flight Phase	climbout : intermediate altitude other
Flight Plan	None
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 250 flight time total : 3100 flight time type : 1300
ASRS Report	97049
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : instrument pilot : commercial
Events
Anomaly	conflict : nmac non adherence : required legal separation
Independent Detector	other flight crewa
Resolutory Action	flight crew : took evasive action
Consequence	Other
Miss Distance	horizontal : 0 vertical : 200
Supplementary
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Error Pilot Deviation

Narrative:

We were departing wry 35L. Light aircraft traffic using runway 26. Tower said: 'X, traffic departing runway 35L. Fly runway heading.' we responded: 'traffic in sight, cleared to go 35L X.' small aircraft Y was just turning what appeared to be left crosswind. We advanced power and departed runway 35L. As we climbed through approximately 600-900' AGL, I looked out and saw small aircraft Y big as day in the windshield. It was approximately 150' vertical, 0' horizontal. I pushed the airplane over/down hard. We missed. I asked the tower 'were you aware of the small aircraft aircraft on downwind?' he replied, 'you said you had it in sight.' we then switched over to departure. There was never any mention that we must maintain sep. Normally 'in sight' requires us to maintain sep, but the controller usually will say something to the effect 'cleared to climb, maintain visual sep...' grand forks tower is aware of the unusually high performance our type aircraft has compared to their usual traffic. Our initial rate of climb can easily exceed 2000 FPM. Knowing this, I feel that grand forks tower made a mistake by allowing us to depart into the traffic pattern and expect us to maintain a visual while trying to safely conduct our departure. I understand this is a normal operation for grand forks tower. I've never seen this done when medium large transport air carrier depart gfk though. I will no longer call an aircraft in the pattern in sight again.

Original NASA ASRS Text

Title: NMAC BETWEEN COMMUTER AND SMA. OPERATIONAL ERROR.

Narrative: WE WERE DEPARTING WRY 35L. LIGHT ACFT TFC USING RWY 26. TWR SAID: 'X, TFC DEPARTING RWY 35L. FLY RWY HDG.' WE RESPONDED: 'TFC IN SIGHT, CLRED TO GO 35L X.' SMA Y WAS JUST TURNING WHAT APPEARED TO BE LEFT XWIND. WE ADVANCED PWR AND DEPARTED RWY 35L. AS WE CLBED THROUGH APPROX 600-900' AGL, I LOOKED OUT AND SAW SMA Y BIG AS DAY IN THE WINDSHIELD. IT WAS APPROX 150' VERT, 0' HORIZ. I PUSHED THE AIRPLANE OVER/DOWN HARD. WE MISSED. I ASKED THE TWR 'WERE YOU AWARE OF THE SMA ACFT ON DOWNWIND?' HE REPLIED, 'YOU SAID YOU HAD IT IN SIGHT.' WE THEN SWITCHED OVER TO DEP. THERE WAS NEVER ANY MENTION THAT WE MUST MAINTAIN SEP. NORMALLY 'IN SIGHT' REQUIRES US TO MAINTAIN SEP, BUT THE CTLR USUALLY WILL SAY SOMETHING TO THE EFFECT 'CLRED TO CLB, MAINTAIN VISUAL SEP...' GRAND FORKS TWR IS AWARE OF THE UNUSUALLY HIGH PERFORMANCE OUR TYPE ACFT HAS COMPARED TO THEIR USUAL TFC. OUR INITIAL RATE OF CLB CAN EASILY EXCEED 2000 FPM. KNOWING THIS, I FEEL THAT GRAND FORKS TWR MADE A MISTAKE BY ALLOWING US TO DEPART INTO THE TFC PATTERN AND EXPECT US TO MAINTAIN A VISUAL WHILE TRYING TO SAFELY CONDUCT OUR DEP. I UNDERSTAND THIS IS A NORMAL OPERATION FOR GRAND FORKS TWR. I'VE NEVER SEEN THIS DONE WHEN MLG ACR DEPART GFK THOUGH. I WILL NO LONGER CALL AN ACFT IN THE PATTERN IN SIGHT AGAIN.

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.