Narrative:

We were positioning our aircraft from hpn to bdl. Since the WX was good and there were no passenger, I decided to let the copilot fly. I planned to operate VFR and navigate on a direct route to bdl, after clearing the hpn air traffic area and the overlying TCA airspace. After making a left turn off runway 16 at hpn, I gave the copilot a heading to fly and asked him to limit to IAS/vs to 200 KIAS and less than 1000 FPM until I could get radar advisories. When the hpn tower approved a frequency change, I attempted to contact ny approach control on 126.95. I had both VOR's and DME's set to lga. I did not see any DME readout on my DME as I attempted to call approach control. I looked down at a chart to find a backup frequency (since ATC did not reply on 126.95), and then continued my visibility scan outside the aircraft. I immediately saw another aircraft coming toward us at our 11:30 position and slightly high. I immediately commanded, 'I have control,' and lowered the nose. We descended below an large transport that was probably inbound to lga. As we passed below the large transport we had VFR sep, but that was only due to my evasive action. I admonished the copilot to be more vigilant, especially when my attention was divided. I also questioned how high he had climbed, since we were close to the airspace border of the ny TCA. After we passed the large transport, I did get a 22 DME readout off lga, and the DME functioned normally thereafter. I do not know if our aircraft actually entered the TCA, but we were certainly close to it. Later in the flight, I learned that ATC was having a problem with their normal 126.95 frequency. This situation was caused by: combination of a simultaneous loss of DME and a critical ATC frequency. Captain's division of attention among different tasks (i.e., looking for a backup frequency and checking DME). Copilot's failure to visually detect an airliner in our area.

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Original NASA ASRS Text

Title: FLT CREW OF VFR LTT JET ON FERRY FLT SAW TRAFFIC, TOOK EVASIVE ACTION TO AVOID.

Narrative: WE WERE POSITIONING OUR ACFT FROM HPN TO BDL. SINCE THE WX WAS GOOD AND THERE WERE NO PAX, I DECIDED TO LET THE COPLT FLY. I PLANNED TO OPERATE VFR AND NAVIGATE ON A DIRECT RTE TO BDL, AFTER CLRING THE HPN ATA AND THE OVERLYING TCA AIRSPACE. AFTER MAKING A LEFT TURN OFF RWY 16 AT HPN, I GAVE THE COPLT A HDG TO FLY AND ASKED HIM TO LIMIT TO IAS/VS TO 200 KIAS AND LESS THAN 1000 FPM UNTIL I COULD GET RADAR ADVISORIES. WHEN THE HPN TWR APPROVED A FREQ CHANGE, I ATTEMPTED TO CONTACT NY APCH CTL ON 126.95. I HAD BOTH VOR'S AND DME'S SET TO LGA. I DID NOT SEE ANY DME READOUT ON MY DME AS I ATTEMPTED TO CALL APCH CTL. I LOOKED DOWN AT A CHART TO FIND A BACKUP FREQ (SINCE ATC DID NOT REPLY ON 126.95), AND THEN CONTINUED MY VIS SCAN OUTSIDE THE ACFT. I IMMEDIATELY SAW ANOTHER ACFT COMING TOWARD US AT OUR 11:30 POS AND SLIGHTLY HIGH. I IMMEDIATELY COMMANDED, 'I HAVE CTL,' AND LOWERED THE NOSE. WE DSNDED BELOW AN LGT THAT WAS PROBABLY INBND TO LGA. AS WE PASSED BELOW THE LGT WE HAD VFR SEP, BUT THAT WAS ONLY DUE TO MY EVASIVE ACTION. I ADMONISHED THE COPLT TO BE MORE VIGILANT, ESPECIALLY WHEN MY ATTN WAS DIVIDED. I ALSO QUESTIONED HOW HIGH HE HAD CLBED, SINCE WE WERE CLOSE TO THE AIRSPACE BORDER OF THE NY TCA. AFTER WE PASSED THE LGT, I DID GET A 22 DME READOUT OFF LGA, AND THE DME FUNCTIONED NORMALLY THEREAFTER. I DO NOT KNOW IF OUR ACFT ACTUALLY ENTERED THE TCA, BUT WE WERE CERTAINLY CLOSE TO IT. LATER IN THE FLT, I LEARNED THAT ATC WAS HAVING A PROB WITH THEIR NORMAL 126.95 FREQ. THIS SITUATION WAS CAUSED BY: COMBINATION OF A SIMULTANEOUS LOSS OF DME AND A CRITICAL ATC FREQ. CAPT'S DIVISION OF ATTN AMONG DIFFERENT TASKS (I.E., LOOKING FOR A BACKUP FREQ AND CHKING DME). COPLT'S FAILURE TO VISUALLY DETECT AN AIRLINER IN OUR AREA.

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.