Narrative:

We were proceeding as cleared at 4000' direct millsap VOR. I believe the conflicting traffic had departed meacham field ftw. My first officer spotted the traffic below and to the left. The traffic was headed in the same direction as us and appeared to stay fixed in the windshield when I first saw it. I immediately banked right to execute standard collision avoidance procedures. As we turned I instructed the first officer to check and verify traffic with ATC. ATC confirmed the traffic and immediately cleared us from 4000' to 8000'. ATC then notified us that the traffic had been at 3700' VFR and ATC was not in radio communications with the small transport. We asked ATC how they classified the event and ATC said that they didn't, but we could file a report if we wanted to. Upon arrival I called the director of operations and dispatch to let them know. I also got a dfw approach # to report the event. Because of our cockpit vigilance and collision avoidance measures, we kept a bad situation from getting worse. If ATC would allow a departure corridor for commuters inside the TCA's, similar events would be averted. It is standard at the present time for commuters to be kept below the TCA floor which we were at that time.

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Original NASA ASRS Text

Title: CLOSE PROX COMMUTER MDT GA-SMT BELOW TCA AT DFW.

Narrative: WE WERE PROCEEDING AS CLRED AT 4000' DIRECT MILLSAP VOR. I BELIEVE THE CONFLICTING TFC HAD DEPARTED MEACHAM FIELD FTW. MY F/O SPOTTED THE TFC BELOW AND TO THE LEFT. THE TFC WAS HEADED IN THE SAME DIRECTION AS US AND APPEARED TO STAY FIXED IN THE WINDSHIELD WHEN I FIRST SAW IT. I IMMEDIATELY BANKED RIGHT TO EXECUTE STANDARD COLLISION AVOIDANCE PROCS. AS WE TURNED I INSTRUCTED THE F/O TO CHK AND VERIFY TFC WITH ATC. ATC CONFIRMED THE TFC AND IMMEDIATELY CLRED US FROM 4000' TO 8000'. ATC THEN NOTIFIED US THAT THE TFC HAD BEEN AT 3700' VFR AND ATC WAS NOT IN RADIO COMS WITH THE SMT. WE ASKED ATC HOW THEY CLASSIFIED THE EVENT AND ATC SAID THAT THEY DIDN'T, BUT WE COULD FILE A RPT IF WE WANTED TO. UPON ARR I CALLED THE DIRECTOR OF OPS AND DISPATCH TO LET THEM KNOW. I ALSO GOT A DFW APCH # TO RPT THE EVENT. BECAUSE OF OUR COCKPIT VIGILANCE AND COLLISION AVOIDANCE MEASURES, WE KEPT A BAD SITUATION FROM GETTING WORSE. IF ATC WOULD ALLOW A DEP CORRIDOR FOR COMMUTERS INSIDE THE TCA'S, SIMILAR EVENTS WOULD BE AVERTED. IT IS STANDARD AT THE PRESENT TIME FOR COMMUTERS TO BE KEPT BELOW THE TCA FLOOR WHICH WE WERE AT THAT TIME.

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.