Narrative:

We were in the process of an en route descent to vny under the control of bur. We were cleared down to 3500' on a heading of 260 degrees (with the caveat of 'remain over the hollywood hills'). This course kept us just north of the lax TCA and inside the bur arsa. We had just been handed off from one sector to the next, and were passing through approximately 4700' when my passenger in the right front seat spoke my name and pointed across in front of me to the left front of the aircraft. (I had been looking to the right and down, and had vny in sight as this occurred.) when I looked to where the passenger was pointing, I saw a fast moving corp jet approaching from approximately 30 degrees left of the nose of our aircraft at an extremely fast speed--at about the same altitude. He was somewhere between 1000-2000' latitude. To prevent a collision I pushed the nose over into a rapid descent until I felt we would pass under him. The jet passed directly over our windshield 100-200'. He was so close we could see the tires tucked into the wheel wells. When I recovered my composure sufficiently to speak with bur approach I advised we had experienced a near midair collision and asked why he hadn't called the traffic coming out of the lax TCA. He said he never had a target, and still didn't see one. I believe we were flying by the book and with all the help you can reasonably get in the sky. We came within 2-3 seconds of dying. Being right and legal had nothing to do with it. If my passenger had not spotted the jet in time, we would have all died. I was looking right to find the intended landing airport, and felt that no traffic would come at me from my left because of the lax TCA and us working with bur approach. I was not scanning to the left, but fortunately my passenger did. See and avoid. I have told my students that many times, and I practice it constantly; however, this incident points out that even under positive radar control the pilot must never relax his guard for a moment. I filed a complaint on the radio and by phone with the bur TRACON, and they have advised me that the jet contacted them on another frequency, at just about the time of the incident. They also advised that the jet was showing an average ground speed of 271 KT (21 KTS over the legal speed limit), and that his transponder was not turned on until after he established radio contact with them. So, he was illegal by flying inside the lax TCA mode C veil west/O an operating transponder and by exceeding the speed limit. Their radar analysis also showed that at the time the radar targets merged, there was approximately 200' vertical sep of our aircraft.

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Original NASA ASRS Text

Title: NMAC.

Narrative: WE WERE IN THE PROCESS OF AN ENRTE DSCNT TO VNY UNDER THE CTL OF BUR. WE WERE CLRED DOWN TO 3500' ON A HDG OF 260 DEGS (WITH THE CAVEAT OF 'REMAIN OVER THE HOLLYWOOD HILLS'). THIS COURSE KEPT US JUST N OF THE LAX TCA AND INSIDE THE BUR ARSA. WE HAD JUST BEEN HANDED OFF FROM ONE SECTOR TO THE NEXT, AND WERE PASSING THROUGH APPROX 4700' WHEN MY PAX IN THE RIGHT FRONT SEAT SPOKE MY NAME AND POINTED ACROSS IN FRONT OF ME TO THE LEFT FRONT OF THE ACFT. (I HAD BEEN LOOKING TO THE RIGHT AND DOWN, AND HAD VNY IN SIGHT AS THIS OCCURRED.) WHEN I LOOKED TO WHERE THE PAX WAS POINTING, I SAW A FAST MOVING CORP JET APCHING FROM APPROX 30 DEGS LEFT OF THE NOSE OF OUR ACFT AT AN EXTREMELY FAST SPD--AT ABOUT THE SAME ALT. HE WAS SOMEWHERE BTWN 1000-2000' LAT. TO PREVENT A COLLISION I PUSHED THE NOSE OVER INTO A RAPID DSCNT UNTIL I FELT WE WOULD PASS UNDER HIM. THE JET PASSED DIRECTLY OVER OUR WINDSHIELD 100-200'. HE WAS SO CLOSE WE COULD SEE THE TIRES TUCKED INTO THE WHEEL WELLS. WHEN I RECOVERED MY COMPOSURE SUFFICIENTLY TO SPEAK WITH BUR APCH I ADVISED WE HAD EXPERIENCED A NMAC AND ASKED WHY HE HADN'T CALLED THE TFC COMING OUT OF THE LAX TCA. HE SAID HE NEVER HAD A TARGET, AND STILL DIDN'T SEE ONE. I BELIEVE WE WERE FLYING BY THE BOOK AND WITH ALL THE HELP YOU CAN REASONABLY GET IN THE SKY. WE CAME WITHIN 2-3 SECS OF DYING. BEING RIGHT AND LEGAL HAD NOTHING TO DO WITH IT. IF MY PAX HAD NOT SPOTTED THE JET IN TIME, WE WOULD HAVE ALL DIED. I WAS LOOKING RIGHT TO FIND THE INTENDED LNDG ARPT, AND FELT THAT NO TFC WOULD COME AT ME FROM MY LEFT BECAUSE OF THE LAX TCA AND US WORKING WITH BUR APCH. I WAS NOT SCANNING TO THE LEFT, BUT FORTUNATELY MY PAX DID. SEE AND AVOID. I HAVE TOLD MY STUDENTS THAT MANY TIMES, AND I PRACTICE IT CONSTANTLY; HOWEVER, THIS INCIDENT POINTS OUT THAT EVEN UNDER POSITIVE RADAR CTL THE PLT MUST NEVER RELAX HIS GUARD FOR A MOMENT. I FILED A COMPLAINT ON THE RADIO AND BY PHONE WITH THE BUR TRACON, AND THEY HAVE ADVISED ME THAT THE JET CONTACTED THEM ON ANOTHER FREQ, AT JUST ABOUT THE TIME OF THE INCIDENT. THEY ALSO ADVISED THAT THE JET WAS SHOWING AN AVERAGE GND SPD OF 271 KT (21 KTS OVER THE LEGAL SPD LIMIT), AND THAT HIS XPONDER WAS NOT TURNED ON UNTIL AFTER HE ESTABLISHED RADIO CONTACT WITH THEM. SO, HE WAS ILLEGAL BY FLYING INSIDE THE LAX TCA MODE C VEIL W/O AN OPERATING XPONDER AND BY EXCEEDING THE SPD LIMIT. THEIR RADAR ANALYSIS ALSO SHOWED THAT AT THE TIME THE RADAR TARGETS MERGED, THERE WAS APPROX 200' VERT SEP OF OUR ACFT.

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.