Narrative:

I have just had a near miss (hit) in my light transport with an acrobatic airplane underneath the lateral limits of a TCA. The incident happened 10 NM from our destination at dusk where haze was restricting visibility. Tower visibility was reported as 3 mi. There was no horizon. Approach control had just given us a turn from 090 degree to 120 degree and we were at 3000' MSL (2000' AGL). I looked up and saw a white and red light. They looked about to be about 3-4 SM away and I could not determine the orientation of the aircraft. Then the lights moved up and down rapidly and passed head on below us of our right wing. What I was looking at was a white landing light and a flashing red tail beacon. As the airplane passed by I could now see both navigation lights on each wing tip. Also I could now just make out the darkened silhouette of a high wing airplane. We had missed by about 200' from the time I looked up and saw the airplane to when I passed was 5 maybe 10 seconds. On the ground I talked to the pilot of the acrobatic airplane and determined that he did not see us until the bottom of the loop when we passed. He offered that the transponder antenna was dirty and had to be cleaned every day so that it would function properly. He did not say whether he had cleared the area before executing the loop. I talked to the owner of the airplane. He complained that the FAA had made them install expensive equipment and that approach control was suppressing out VFR codes because there were too many of them. The owner also told me that he would talk to the pilot of the acrobatic aircraft and move their operations farther north. Approach control for its part did not issue a traffic advisory. When asked about the aircraft we had just missed they said they had not and than added that there was an intermittent mode C behind us. The facts: the acrobatic aircraft was VFR, off arwy and above 1500' AGL and therefore legal. I cannot confirm that the acrobatic aircraft's transponder was operating properly at the time of the incident. I have not heard about nor can I confirm that busy approach controls suppress VFR aircraft codes. What to do about this: the FAA restricts acrobatic flight in airspace below 1500' AGL and on victor arwys. Perhaps it is time to further restrict acrobatic flight in the busy airspace below the lateral limits of a TCA. These aircraft should either be radar idented and talking to an approach control or banned altogether. For my part, I will continue to look for the other guy at all times (even when it is IFR). I feel that I fulfilled my duty to look out for the other guy and I will continue to do so in the future. I only wish I could have seen him sooner.

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Original NASA ASRS Text

Title: CLOSE PROX ATX-LTT GA-SMA DOING ACROBATIC MANEUVERS IN UNC AIRSPACE BELOW THE ATL TCA.

Narrative: I HAVE JUST HAD A NEAR MISS (HIT) IN MY LTT WITH AN ACROBATIC AIRPLANE UNDERNEATH THE LATERAL LIMITS OF A TCA. THE INCIDENT HAPPENED 10 NM FROM OUR DEST AT DUSK WHERE HAZE WAS RESTRICTING VISIBILITY. TWR VISIBILITY WAS RPTED AS 3 MI. THERE WAS NO HORIZON. APCH CTL HAD JUST GIVEN US A TURN FROM 090 DEG TO 120 DEG AND WE WERE AT 3000' MSL (2000' AGL). I LOOKED UP AND SAW A WHITE AND RED LIGHT. THEY LOOKED ABOUT TO BE ABOUT 3-4 SM AWAY AND I COULD NOT DETERMINE THE ORIENTATION OF THE ACFT. THEN THE LIGHTS MOVED UP AND DOWN RAPIDLY AND PASSED HEAD ON BELOW US OF OUR R WING. WHAT I WAS LOOKING AT WAS A WHITE LNDG LIGHT AND A FLASHING RED TAIL BEACON. AS THE AIRPLANE PASSED BY I COULD NOW SEE BOTH NAV LIGHTS ON EACH WING TIP. ALSO I COULD NOW JUST MAKE OUT THE DARKENED SILHOUETTE OF A HIGH WING AIRPLANE. WE HAD MISSED BY ABOUT 200' FROM THE TIME I LOOKED UP AND SAW THE AIRPLANE TO WHEN I PASSED WAS 5 MAYBE 10 SECS. ON THE GND I TALKED TO THE PLT OF THE ACROBATIC AIRPLANE AND DETERMINED THAT HE DID NOT SEE US UNTIL THE BOTTOM OF THE LOOP WHEN WE PASSED. HE OFFERED THAT THE XPONDER ANTENNA WAS DIRTY AND HAD TO BE CLEANED EVERY DAY SO THAT IT WOULD FUNCTION PROPERLY. HE DID NOT SAY WHETHER HE HAD CLRED THE AREA BEFORE EXECUTING THE LOOP. I TALKED TO THE OWNER OF THE AIRPLANE. HE COMPLAINED THAT THE FAA HAD MADE THEM INSTALL EXPENSIVE EQUIP AND THAT APCH CTL WAS SUPPRESSING OUT VFR CODES BECAUSE THERE WERE TOO MANY OF THEM. THE OWNER ALSO TOLD ME THAT HE WOULD TALK TO THE PLT OF THE ACROBATIC ACFT AND MOVE THEIR OPS FARTHER N. APCH CTL FOR ITS PART DID NOT ISSUE A TFC ADVISORY. WHEN ASKED ABOUT THE ACFT WE HAD JUST MISSED THEY SAID THEY HAD NOT AND THAN ADDED THAT THERE WAS AN INTERMITTENT MODE C BEHIND US. THE FACTS: THE ACROBATIC ACFT WAS VFR, OFF ARWY AND ABOVE 1500' AGL AND THEREFORE LEGAL. I CANNOT CONFIRM THAT THE ACROBATIC ACFT'S XPONDER WAS OPERATING PROPERLY AT THE TIME OF THE INCIDENT. I HAVE NOT HEARD ABOUT NOR CAN I CONFIRM THAT BUSY APCH CTLS SUPPRESS VFR ACFT CODES. WHAT TO DO ABOUT THIS: THE FAA RESTRICTS ACROBATIC FLT IN AIRSPACE BELOW 1500' AGL AND ON VICTOR ARWYS. PERHAPS IT IS TIME TO FURTHER RESTRICT ACROBATIC FLT IN THE BUSY AIRSPACE BELOW THE LATERAL LIMITS OF A TCA. THESE ACFT SHOULD EITHER BE RADAR IDENTED AND TALKING TO AN APCH CTL OR BANNED ALTOGETHER. FOR MY PART, I WILL CONTINUE TO LOOK FOR THE OTHER GUY AT ALL TIMES (EVEN WHEN IT IS IFR). I FEEL THAT I FULFILLED MY DUTY TO LOOK OUT FOR THE OTHER GUY AND I WILL CONTINUE TO DO SO IN THE FUTURE. I ONLY WISH I COULD HAVE SEEN HIM SOONER.

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.