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Commuter light transport flight departing nonctled field in IMC hears small transport which had been IFR when commuter made approach. Light transport asked small transport to remain at 6300' (his reported altitude) since the SID would put them both at the VOR. Light transport broke out of snow shower to see small transport at his altitude of 5000'. Near midair collision.
| Attributes | |
| ACN | 137319 |
| Time | |
| Date | 199002 |
| Day | Mon |
| Local Time Of Day | 1201 To 1800 |
| Place | |
| Locale Reference | atc facility : slk |
| State Reference | NY |
| Altitude | msl bound lower : 5000 msl bound upper : 5000 |
| Environment | |
| Flight Conditions | IMC |
| Light | Daylight |
| Aircraft 1 | |
| Controlling Facilities | artcc : zbw artcc : zid |
| Operator | common carrier : air carrier |
| Make Model Name | Light Transport, Low Wing, 2 Turboprop Eng |
| Flight Phase | cruise other |
| Route In Use | departure sid : sid |
| Flight Plan | IFR |
| Aircraft 2 | |
| Operator | general aviation : personal |
| Make Model Name | Small Transport, Low Wing, 2 Recip Eng |
| Flight Phase | descent : approach 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 : 240 flight time total : 3500 flight time type : 1700 |
| ASRS Report | 137319 |
| Person 2 | |
| Affiliation | company : air carrier |
| Function | flight crew : first officer |
| Qualification | pilot : atp |
| Experience | flight time last 90 days : 160 flight time total : 2100 flight time type : 145 |
| ASRS Report | 137298 |
| Events | |
| Anomaly | conflict : nmac inflight encounter : vfr in imc non adherence : far other anomaly other |
| Independent Detector | other flight crewa |
| Resolutory Action | none taken : insufficient time |
| Consequence | Other |
| Miss Distance | horizontal : 350 vertical : 0 |
| Supplementary | |
| Primary Problem | Flight Crew Human Performance |
| Air Traffic Incident | Pilot Deviation |
Narrative:
Light transport executed the ILS 23 approach and was previously advised by ATC 120.35 to cancel with airborne small transport or btv FSS. Light transport tried to cancel with small transport which couldn't be reached on 120.35 so light transport cancelled with btv FSS 122.10T 109.20R. Btv FSS cancelled our IFR flight plan and I asked for an IFR clearance to pib. 35 min elapsed from landing to takeoff we assumed because of small transport was shooting the ILS 23 slk. Btv FSS came back on the radio and gave our clearance with a void time of xx:15 and verbally said light transport was released. Light transport departed lifting off just prior to xx:15 following the SID. At 4300' MSL small transport called 4 mi northeast at 7000' holding over slk VOR. Light transport was now at 5000' MSL and proceeding to slk VOR to join V196 pib. I made several radio transmissions to find out where small transport was and what was small transport intentions were. Small transport didn't respond for a few moments and then small transport replied that he was circling over runway 29 at 6300' and I asked him to please stay at 6300' VFR. At that time we broke out of a snow shower and saw small transport in a left bank for just a split second at 5000' MSL our altitude and then was IMC once again. It was too late for evasive action on anyone's part. I then gave the ATC radio 120.35 to my first officer and proceeded to talk to small transport. He said he never saw us at all. I asked if he was VFR and asked for his tail number, no reply. I asked one more time no reply so I contacted unicom to get small transport number and then small transport said he was sorry that the incident had to occur before giving his tail number. I have been flying into slk for almost 2 yrs now and I am very concerned why anyone would go VFR in mountainous terrain in IFR conditions with the WX deteriorating extremely fast.
Original NASA ASRS Text
Title: COMMUTER LTT FLT DEPARTING NONCTLED FIELD IN IMC HEARS SMT WHICH HAD BEEN IFR WHEN COMMUTER MADE APCH. LTT ASKED SMT TO REMAIN AT 6300' (HIS REPORTED ALT) SINCE THE SID WOULD PUT THEM BOTH AT THE VOR. LTT BROKE OUT OF SNOW SHOWER TO SEE SMT AT HIS ALT OF 5000'. NMAC.
Narrative: LTT EXECUTED THE ILS 23 APCH AND WAS PREVIOUSLY ADVISED BY ATC 120.35 TO CANCEL WITH AIRBORNE SMT OR BTV FSS. LTT TRIED TO CANCEL WITH SMT WHICH COULDN'T BE REACHED ON 120.35 SO LTT CANCELLED WITH BTV FSS 122.10T 109.20R. BTV FSS CANCELLED OUR IFR FLT PLAN AND I ASKED FOR AN IFR CLRNC TO PIB. 35 MIN ELAPSED FROM LNDG TO TKOF WE ASSUMED BECAUSE OF SMT WAS SHOOTING THE ILS 23 SLK. BTV FSS CAME BACK ON THE RADIO AND GAVE OUR CLRNC WITH A VOID TIME OF XX:15 AND VERBALLY SAID LTT WAS RELEASED. LTT DEPARTED LIFTING OFF JUST PRIOR TO XX:15 FOLLOWING THE SID. AT 4300' MSL SMT CALLED 4 MI NE AT 7000' HOLDING OVER SLK VOR. LTT WAS NOW AT 5000' MSL AND PROCEEDING TO SLK VOR TO JOIN V196 PIB. I MADE SEVERAL RADIO TRANSMISSIONS TO FIND OUT WHERE SMT WAS AND WHAT WAS SMT INTENTIONS WERE. SMT DIDN'T RESPOND FOR A FEW MOMENTS AND THEN SMT REPLIED THAT HE WAS CIRCLING OVER RWY 29 AT 6300' AND I ASKED HIM TO PLEASE STAY AT 6300' VFR. AT THAT TIME WE BROKE OUT OF A SNOW SHOWER AND SAW SMT IN A LEFT BANK FOR JUST A SPLIT SECOND AT 5000' MSL OUR ALT AND THEN WAS IMC ONCE AGAIN. IT WAS TOO LATE FOR EVASIVE ACTION ON ANYONE'S PART. I THEN GAVE THE ATC RADIO 120.35 TO MY F/O AND PROCEEDED TO TALK TO SMT. HE SAID HE NEVER SAW US AT ALL. I ASKED IF HE WAS VFR AND ASKED FOR HIS TAIL NUMBER, NO REPLY. I ASKED ONE MORE TIME NO REPLY SO I CONTACTED UNICOM TO GET SMT NUMBER AND THEN SMT SAID HE WAS SORRY THAT THE INCIDENT HAD TO OCCUR BEFORE GIVING HIS TAIL NUMBER. I HAVE BEEN FLYING INTO SLK FOR ALMOST 2 YRS NOW AND I AM VERY CONCERNED WHY ANYONE WOULD GO VFR IN MOUNTAINOUS TERRAIN IN IFR CONDITIONS WITH THE WX DETERIORATING EXTREMELY FAST.
Data retrieved from NASA's ASRS site as of July 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.