DA40 Diamond Star
Flight Crew Instrument; Flight Crew Private
Flight Crew Last 90 Days 70; Flight Crew Total 200; Flight Crew Type 120
Situational Awareness
ATC Issue All Types; Conflict NMAC
Flight Crew Took Evasive Action
Procedure
On climbout vectors and headings were given to routing back [to home field]. On the climb ATC asked another aircraft if they had the DA-40 in sight (me) and the pilot confirmed that he did have the DA-40 in sight as they were approaching from below and behind the direction of flight. During the climb the other plane passed within 200 FT horizontal separation from below causing an evasive left turn to be performed. The pilot of the [the other aircraft] confirmed he had the DA-40 in sight and didn't believe it to be a factor. Although at such a close spacing a simple turn to avoid a bird strike or other situation unforeseen by the pilot could have resulted in a midair collision.
The pilot of a DA40 observed another aircraft pass very close to him; causing him to make an evasive turn. This aircraft had confirmed to ATC that he had the traffic in sight; but still passed at an unusually close distance.