Evasive action to avoid collision with small transport descending out of overcast through VFR.

Attributes
ACN	100325
Time
Date	198812
Day	Mon
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : orh
State Reference	MA
Altitude	msl bound lower : 5000 msl bound upper : 6000
Environment
Flight Conditions	Mixed
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : orh
Operator	common carrier : air carrier
Make Model Name	Medium Large Transport, Low Wing, 2 Turbojet Eng
Flight Phase	descent : approach descent other
Route In Use	enroute : on vectors
Flight Plan	IFR
Aircraft 2
Make Model Name	Small Transport, Low Wing, 2 Turboprop Eng
Flight Phase	descent other
Flight Plan	VFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 200 flight time total : 10000 flight time type : 2000
ASRS Report	100325
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : instrument pilot : flight engineer pilot : commercial
Events
Anomaly	conflict : nmac inflight encounter : vfr in imc non adherence : far
Independent Detector	other flight crewa
Resolutory Action	flight crew : took evasive action
Consequence	Other
Miss Distance	horizontal : 300 vertical : 200
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

Received vectors to ILS 11 orh. At stein intersection approach control advised of VFR traffic 12 O'clock position last reported at 6000' MSL. We were at 5000'. Shortly afterward spotted a blue and white small transport descending from the overcast at about our 12:30 position turned to avoid the traffic. Near miss as described above. The small transport was obviously descending through a solid cloud layer with no clearance from the controling facility. Results could have been disastrous. We advised orh approach of the incident. Callback conversation with reporter revealed following information. Reporter states small aircraft must have flown into and descended through the 1000' layer of clouds whose base was 5200'. It was a commuter type aircraft but no markings. Very surprised to see aircraft coming from clouds as ATC had called as VFR traffic. Feels he should have reported near midair collision so ATC could track the aircraft.

Original NASA ASRS Text

Title: EVASIVE ACTION TO AVOID COLLISION WITH SMT DESCENDING OUT OF OVERCAST THROUGH VFR.

Narrative: RECEIVED VECTORS TO ILS 11 ORH. AT STEIN INTXN APCH CTL ADVISED OF VFR TFC 12 O'CLOCK POS LAST RPTED AT 6000' MSL. WE WERE AT 5000'. SHORTLY AFTERWARD SPOTTED A BLUE AND WHITE SMT DSNDING FROM THE OVCST AT ABOUT OUR 12:30 POS TURNED TO AVOID THE TFC. NEAR MISS AS DESCRIBED ABOVE. THE SMT WAS OBVIOUSLY DSNDING THROUGH A SOLID CLOUD LAYER WITH NO CLRNC FROM THE CTLING FAC. RESULTS COULD HAVE BEEN DISASTROUS. WE ADVISED ORH APCH OF THE INCIDENT. CALLBACK CONVERSATION WITH RPTR REVEALED FOLLOWING INFO. RPTR STATES SMA MUST HAVE FLOWN INTO AND DSNDED THROUGH THE 1000' LAYER OF CLOUDS WHOSE BASE WAS 5200'. IT WAS A COMMUTER TYPE ACFT BUT NO MARKINGS. VERY SURPRISED TO SEE ACFT COMING FROM CLOUDS AS ATC HAD CALLED AS VFR TFC. FEELS HE SHOULD HAVE RPTED NMAC SO ATC COULD TRACK THE ACFT.

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.