Narrative:

Flight from harrisburg, PA (mdt) to raleigh, nc (rdu). We remained at our filed altitude of 10,000' MSL for the entire trip. After passing lynchburg, va (lyh) we had to remind center that we had not been handed off. He sent us to the wrong frequency so our contact was finally established with the correct ZDC controller when we were over sbv. At sbv we received our usual clearance to cross aldan at 6000' MSL. We announced leaving 10,000 and began down. The descent checklist was complete and the first officer was the flying pilot. The area was primarily scattered to broken cumulus clouds from 6000 to 9000. About 6 mi southeast of sbv as we came out of a cloud, we saw an small aircraft aircraft at our 11:30 position and our altitude. Our closure speed was 120 KTS estimated as he was climbing and we were at 240 KTS indicated. Although the first officer reacted immediately, we were past the traffic in a flash before any input would have been effective. If we had been 50' to the left of our course you'd have read about this in the papers. I called ATC about traffic and the controller said he had no traffic for us. I reported the near miss and described the traffic. ATC then acknowledged that they now had a target that matched his location. The small aircraft pilot then spoke up and said that he had talked with center earlier (before we checked on) and had informed them of where he was and that he was climbing to 9500 to remain VFR. He was transponder equipped and it was operating. What is the point of requiring all aircraft in controled airspace to operate their xponders if ATC ignores them? Although the small aircraft pilot will probably receive a letter from his friendly fed, I believe the responsibility for this near disaster lies squarely on the shoulders of ATC. To me this reads like cerritos with an important exception: the pilot had informed ATC of his position and intent. ATC, however, performed to minimum required standards. Callback conversation with reporter revealed the following: pilot of the small aircraft aircraft was probably climbing to 9500 to stay VFR on top of the scattered to broken clouds with tops around 9000' although he was only approximately 45 mi from his destination (same as ours) rdu. We were on an overtaking course and had just come out of a cloud when we passed him. It appeared he was still climbing. He had apparently talked to center and advised them of his intentions to stay VFR so I presume center expected him to stay VFR and see and avoid. We were coming up behind him however so it is obvious he could not see us until we passed him. Center should have had him on their scope if he was squawking 1200 which he said he was, and center later did locate him about 3 mi behind us. I talked with the center supervisor after landing at rdu. He said they would review the tapes.

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Original NASA ASRS Text

Title: SMT ON DESCENT AT APPROXIMATELY 8300 HAD NEAR MIDAIR WITH SMA VFR ALLEGEDLY SQUAWKING 1200. SMA WAS OVERTAKEN BY SMT AND PASSED AT APPROX 120 MPH FASTER.

Narrative: FLT FROM HARRISBURG, PA (MDT) TO RALEIGH, NC (RDU). WE REMAINED AT OUR FILED ALT OF 10,000' MSL FOR THE ENTIRE TRIP. AFTER PASSING LYNCHBURG, VA (LYH) WE HAD TO REMIND CENTER THAT WE HAD NOT BEEN HANDED OFF. HE SENT US TO THE WRONG FREQ SO OUR CONTACT WAS FINALLY ESTABLISHED WITH THE CORRECT ZDC CTLR WHEN WE WERE OVER SBV. AT SBV WE RECEIVED OUR USUAL CLRNC TO CROSS ALDAN AT 6000' MSL. WE ANNOUNCED LEAVING 10,000 AND BEGAN DOWN. THE DSCNT CHECKLIST WAS COMPLETE AND THE F/O WAS THE FLYING PLT. THE AREA WAS PRIMARILY SCATTERED TO BROKEN CUMULUS CLOUDS FROM 6000 TO 9000. ABOUT 6 MI SE OF SBV AS WE CAME OUT OF A CLOUD, WE SAW AN SMA ACFT AT OUR 11:30 POSITION AND OUR ALT. OUR CLOSURE SPEED WAS 120 KTS ESTIMATED AS HE WAS CLIMBING AND WE WERE AT 240 KTS INDICATED. ALTHOUGH THE F/O REACTED IMMEDIATELY, WE WERE PAST THE TFC IN A FLASH BEFORE ANY INPUT WOULD HAVE BEEN EFFECTIVE. IF WE HAD BEEN 50' TO THE LEFT OF OUR COURSE YOU'D HAVE READ ABOUT THIS IN THE PAPERS. I CALLED ATC ABOUT TFC AND THE CTLR SAID HE HAD NO TFC FOR US. I REPORTED THE NEAR MISS AND DESCRIBED THE TFC. ATC THEN ACKNOWLEDGED THAT THEY NOW HAD A TARGET THAT MATCHED HIS LOCATION. THE SMA PLT THEN SPOKE UP AND SAID THAT HE HAD TALKED WITH CENTER EARLIER (BEFORE WE CHECKED ON) AND HAD INFORMED THEM OF WHERE HE WAS AND THAT HE WAS CLIMBING TO 9500 TO REMAIN VFR. HE WAS XPONDER EQUIPPED AND IT WAS OPERATING. WHAT IS THE POINT OF REQUIRING ALL ACFT IN CTLED AIRSPACE TO OPERATE THEIR XPONDERS IF ATC IGNORES THEM? ALTHOUGH THE SMA PLT WILL PROBABLY RECEIVE A LETTER FROM HIS FRIENDLY FED, I BELIEVE THE RESPONSIBILITY FOR THIS NEAR DISASTER LIES SQUARELY ON THE SHOULDERS OF ATC. TO ME THIS READS LIKE CERRITOS WITH AN IMPORTANT EXCEPTION: THE PLT HAD INFORMED ATC OF HIS POSITION AND INTENT. ATC, HOWEVER, PERFORMED TO MINIMUM REQUIRED STANDARDS. CALLBACK CONVERSATION WITH REPORTER REVEALED THE FOLLOWING: PLT OF THE SMA ACFT WAS PROBABLY CLIMBING TO 9500 TO STAY VFR ON TOP OF THE SCATTERED TO BROKEN CLOUDS WITH TOPS AROUND 9000' ALTHOUGH HE WAS ONLY APPROX 45 MI FROM HIS DEST (SAME AS OURS) RDU. WE WERE ON AN OVERTAKING COURSE AND HAD JUST COME OUT OF A CLOUD WHEN WE PASSED HIM. IT APPEARED HE WAS STILL CLIMBING. HE HAD APPARENTLY TALKED TO CENTER AND ADVISED THEM OF HIS INTENTIONS TO STAY VFR SO I PRESUME CENTER EXPECTED HIM TO STAY VFR AND SEE AND AVOID. WE WERE COMING UP BEHIND HIM HOWEVER SO IT IS OBVIOUS HE COULD NOT SEE US UNTIL WE PASSED HIM. CENTER SHOULD HAVE HAD HIM ON THEIR SCOPE IF HE WAS SQUAWKING 1200 WHICH HE SAID HE WAS, AND CENTER LATER DID LOCATE HIM ABOUT 3 MI BEHIND US. I TALKED WITH THE CENTER SUPVR AFTER LNDG AT RDU. HE SAID THEY WOULD REVIEW THE TAPES.

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.