Date: 201905
Local time of day: 1801-2400
Location: HCF.TRACON, HI
Light: Daylight
Aircraft: Commercial Fixed Wing
Operator: Air Carrier
Operating under: Part 121
Flight plan: VFR
Mission: Passenger
Flight phase: Climb
Airspace: Class E HCF
ATC / advisory: TRACON HCF
Second aircraft: B757-200
Reporter organization: Government
Reporter function: Departure; Approach
Reporter qualification: Air Traffic Control Fully Certified
Human factors: Situational Awareness; Communication Breakdown
Anomaly: ATC Issue All Types; Conflict NMAC
Detector: Person Air Traffic Control
When detected: In-flight
Result: Air Traffic Control Provided Assistance; Air Traffic Control Issued New Clearance
Contributing factors: Company Policy; Human Factors
Primary problem: Company Policy

Narrative: This is a frequent problem. [Aircraft Company name] will depart VFR; usually up the localizer at Kona; in bad weather; and immediately request an IFR clearance. This is exactly what Aircraft X did today. I had four aircraft that were going to be inbound on the ILS; when Aircraft X calls up and asks for an IFR pick-up. Aircraft X had departed VFR off Kona; in bad weather; and immediately asked for an IFR pick-up upon departure. I believe Aircraft X had called a couple times; before I heard his call; because we have poor radios off the ground from Kona until about 050. I did warn Aircraft X that I had aircraft inbound on the localizer at Kona and to stay clear of the localizer; and to maintain VFR; until advised. Aircraft X continued to climb and head adjacent to the Kona localizer. I had Aircraft Y cleared for the ILS17 approach into Kona. I told Aircraft X on three different occasions to turn right to avoid Aircraft Y; but Aircraft X DID NOT. Aircraft X was head on into Aircraft Y; and I had to turn Aircraft Y on a 250 heading to avoid a crash that was imminent. A catastrophic mid-air collision would have occurred; if I did not turn Aircraft Y and canceled Aircraft Y's approach. My phraseology might not have been perfect during this exchange because it was traumatic. I'm still shaken; and don't know exactly what I said to the aircraft; since all I wanted to do was stop an imminent crash; so I may need to re-submit another report; based on this situation; if I'm called into my Supervisor's office. To watch a VFR aircraft blatantly disregard my control instructions and proceed head-on into incoming aircraft on the localizer was difficult to watch. This is a frequent problem. [Aircraft Company name] will depart VFR; usually up the localizer at Kona; in bad weather; and immediately request an IFR clearance. [Aircraft Company name] needs to depart IFR in IFR weather versus fly head-on into aircraft on the ILS at Kona. I know there have been meetings with [Aircraft Company name] about this in the past; but it NEVER gets resolved; and we consistently need to file reports on this problem. I don't want to see a catastrophic event occur. There was almost a mid-air collision today. Our management needs to meet with [Aircraft Company name] and tell them to have their pilots DEPART IFR in BAD WEATHER. And; if they depart VFR - - STAY CLEAR OF TRAFFIC INBOUND ON THE LOCALIZER. This situation is unacceptable. Why does our management allow [Aircraft Company name] to depart VFR; up the localizer; then immediately request an IFR clearance; in BAD WEATHER? This happens frequently. This must stop. Also; D5 should have been staffed. A Controller should have been working D5 because I was too busy issuing traffic alerts to answer the incoming calls from Kona. I also had other aircraft on frequency; while the traffic alerts were being issued. Our short staffing at the HCF is a constant problem.




Synopsis: HCF Controller reported problems with an air carrier departing VFR; flying outbound on the localizer with traffic inbound to the airport resulting in a NMAC.