VFR ACFT MANEUVERS TO AVOID CONFLICTING IFR DEPARTING ACFT.

Date: 1999-05 · Aircraft: Cessna 402/402C/B379 Businessliner/Utiliner · Phase: cruise

Anomalies: atc-issue-all-types|conflict-airborne-conflict|deviation-track-heading-all-types|deviation-discrepancy-procedural-published-material-policy|deviation-discrepancy-procedural-clearance

Synopsis

VFR ACFT MANEUVERS TO AVOID CONFLICTING IFR DEPARTING ACFT.

Narrative

2 MI SE OF OPANA POINT; I CONTACTED MAUI APCH CTL FOR VFR TA'S AND TRANSITION WBOUND THROUGH THE CLASS C AIRSPACE. ATC'S INITIAL RESPONSE WAS 'SQUAWK XXXX AND REMAIN OUTSIDE CLASS C SURFACE AREA.' I ACKNOWLEDGED. 1 MIN LATER; MY ACFT WAS OVER OPANA POINT; ATC REPLIED WITH 'RADAR CONTACT OVER OPANA POINT; TFC IS A HVY DC10 JUST DEPARTED KAHULUI CLBING.' (I BELIEVE THE CTLR SAID AT 10 O'CLOCK POS BUT I'M NOT SURE.) I SAW THE DC10 WHICH HAD JUST DEPARTED KAHULUI RWY 2 AND WAS CLBING NE; EVEN BEFORE ATC HAD FINISHED SPEAKING; AND I IMMEDIATELY ACKNOWLEDGED; 'ROGER; I HAVE THE TFC IN SIGHT; I'LL MAINTAIN VISUAL SEPARATION WITH THE TFC.' ATC RESPONDED WITH 'MAINTAIN VISUAL SEPARATION WITH THAT TFC.' I RESPONDED WITH EITHER 'WILCO' OR 'ROGER.' ATC THEN CALLED THE DC10 AND SAID 'TFC IS A TWIN CESSNA AT YOUR 2 O'CLOCK 3000 FT; HE HAS YOU IN SIGHT AND WILL MAINTAIN VISUAL SEPARATION.' I BELIEVE THE DC10 SIMPLY ACKNOWLEDGED. AT THIS POINT MY ACFT WAS HDG ABOUT 280 DEGS AT 3000 FT AND ABOUT 9 MI FROM OGG VORTAC ON THE 050 DEG RADIAL. THE DC10 WAS ABOUT 5 MI AWAY AT ABOUT 1000-1500 FT MSL AND CLBING. THE DC10 STARTED A R TURN. WITH THE WINGS BANKED; I COULD NOT INITIALLY DISCERN IF THE ACFT WAS IN A L TURN OR A R TURN. THE DC10 ROLLED OUT OF THE TURN; AND WHEN IT DID; I WAS ABLE TO DISCERN IT HAD TURNED R AND WAS NOW ON A HDG DIRECTLY FACING US; WITH RELATIVE MOVEMENT AND INCREASING IN APPARENT SIZE. WITHIN 1 OR 2 SECONDS; I DISCERNED THAT THE DC10 WOULD PASS OFF OUR R SIDE; SO I IMMEDIATELY TOLD MY FO; WHO WAS FLYING; 'HE'S COMING RIGHT AT US -- TURN L AND WE'LL GET OUT OF HIS WAY.' MY FO IMMEDIATELY STARTED A BANK TO THE L. JUST AT THIS MOMENT; ATC CALLED AND SAID 'OUR CALL SIGN; JUST A PRECAUTION; IT APPEARS YOUR TARGETS MAY MERGE.' I ANSWERED WITH 'ROGER; WE'RE ALREADY TURNING L TO AVOID HIM.' WE MADE A 30-35 DEG BANK TURN AND TURNED ABOUT 100 DEGS TO THE L UNTIL THE FO INDICATED THE DC10 HAD PASSED BY OUR R SIDE; NOW BEHIND US. THEN WE TURNED R AND RESUMED OUR ORIGINAL HDG OF ABOUT 280 DEG. LATER; I QUESTIOED MY FO ABOUT HOW CLOSE HE ESTIMATED THE DC10 CAME TO US. HE INDICATED ABOUT 1 MI OR MORE. AT THE POINT WHERE I LOST SIGHT OF THE DC10 DUE TO OUR L BANK; I WOULD HAVE ESTIMATED THAT THE DC10 PASSED WITHIN 1/2 - 1 MI OF MY ACFT. AS THE ACFT PASSED EACH OTHER; THE DC10 CALLED ATC AND INFORMED HE 'WAS MAKING AN EVASIVE MANEUVER -- AND THAT WAS UNSATISFACTORY.' ATC RESPONDED WITH 'ROGER.' A FEW MOMENTS LATER THE DC10 CALLED ATC AGAIN AND SAID 'I WANT YOU TO KNOW THAT WAS VERY POORLY HANDLED.' ATC MADE NO RESPONSE.

Source: NASA Aviation Safety Reporting System (public domain). Reports are voluntary submissions and are not verified by NASA.