Narrative:

I was traveling from sus airport to day airport in my small aircraft on an IFR flight plan on V-12 eastbound at 7000 ft. Sky conditions were a broken cloud layer below with tops at 6000 ft, cirrus above. I was in contact with center. I noticed a stationary target at 12 O'clock at my altitude. I realized this was a slower moving plane traveling in the same direction and that I was closing. The other aircraft was less than 1 mi. I began an immediate left turn to avoid the traffic. I called center and asked if they had any traffic. The controller said he had no other transponder readout in my vicinity. I told him I had traffic at 12 O'clock at my altitude, less than 1 mi and he told me to deviate as necessary, which I had already done. I noted the traffic off to my right at approximately 1/2 mi. I reported the conflict resolved. The controller asked if the plane was climbing and I told him I thought it was. I believe the other pilot was operating illegally, as he was not maintaining adequate separation from clouds in controled airspace. I also feel that the lack of an operating transponder in his airplane contributed to an unsafe operation. The lesson I learned from this incident is to always look for traffic when IFR, and not become complacent, even when you think conditions preclude VFR operations.

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Original NASA ASRS Text

Title: SMA PLT ON IFR FLT PLAN SIGHTS TFC SAME ALT AT 12 O'CLOCK NOT IN CONTACT WITH ATC, NO RADAR TARGET. DEVIATES AS HE IS OVERTAKING TFC.

Narrative: I WAS TRAVELING FROM SUS ARPT TO DAY ARPT IN MY SMA ON AN IFR FLT PLAN ON V-12 EBOUND AT 7000 FT. SKY CONDITIONS WERE A BROKEN CLOUD LAYER BELOW WITH TOPS AT 6000 FT, CIRRUS ABOVE. I WAS IN CONTACT WITH CTR. I NOTICED A STATIONARY TARGET AT 12 O'CLOCK AT MY ALT. I REALIZED THIS WAS A SLOWER MOVING PLANE TRAVELING IN THE SAME DIRECTION AND THAT I WAS CLOSING. THE OTHER ACFT WAS LESS THAN 1 MI. I BEGAN AN IMMEDIATE L TURN TO AVOID THE TFC. I CALLED CTR AND ASKED IF THEY HAD ANY TFC. THE CTLR SAID HE HAD NO OTHER TRANSPONDER READOUT IN MY VICINITY. I TOLD HIM I HAD TFC AT 12 O'CLOCK AT MY ALT, LESS THAN 1 MI AND HE TOLD ME TO DEVIATE AS NECESSARY, WHICH I HAD ALREADY DONE. I NOTED THE TFC OFF TO MY R AT APPROX 1/2 MI. I RPTED THE CONFLICT RESOLVED. THE CTLR ASKED IF THE PLANE WAS CLBING AND I TOLD HIM I THOUGHT IT WAS. I BELIEVE THE OTHER PLT WAS OPERATING ILLEGALLY, AS HE WAS NOT MAINTAINING ADEQUATE SEPARATION FROM CLOUDS IN CTLED AIRSPACE. I ALSO FEEL THAT THE LACK OF AN OPERATING TRANSPONDER IN HIS AIRPLANE CONTRIBUTED TO AN UNSAFE OP. THE LESSON I LEARNED FROM THIS INCIDENT IS TO ALWAYS LOOK FOR TFC WHEN IFR, AND NOT BECOME COMPLACENT, EVEN WHEN YOU THINK CONDITIONS PRECLUDE VFR OPS.

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.