Narrative:

I was flying at about 9500 ft over a broken overcast (scattered in areas) eastbound. As I approached a large break in the clouds, I noted a commuter-type turbojet emerging from in or below the cloud layer at my 1 O'clock position proceeding from south to north, right to left. The commuter, began an immediate turn to the west (left) after passing under my aircraft. I also turned left intending to descend within the opening in the clouds to return to the lake matthews area. A fairly tight turn was made to remain greater than 2000 ft from the clouds. I made a fairly steep turning descent to follow the direction taken by the commuter which coincided with the break in clouds. At all times my distance was approximately 1/2 mi from the commuter or greater. My cruise airspeed was about 120 KTS, although this increased during descent. There was at no time a risk of collision or hazard to either aircraft. The commuter was operating under IFR and my aircraft was at all times a legal distance from clouds. There were no safety or far violations. Upon return to base, I was notified to call ont approach and did so. The commuter pilot had questioned my turn and descent as an aircraft of hostility toward his craft. I explained the occurrence, which explanation was apparently accepted by the controller. We discussed traffic conflicts in the area (which is used extensively as a practice area) and whether he would recommend constant ATC radio communications while maneuvering in this area. We both agreed that there would be excessive traffic alerts from maneuvering aircraft and substantial distraction to both parties. I recommend the following: 1) a discrete code (ie, 1202) to be used in mode C to indent aircraft in practice operations in this area. 2) a discrete frequency to be used only for area traffic alerts to the area. 3) ATC to provide alerts only between 1202 aircraft and other aircraft and not between 1202 aircraft. This would protect air carrier and transient aircraft in the area who are in radio contact with ont approach, as well as allowing an increase in safety to aerobatic and other practice operations without creating an additional hazard by overburdening the controller or the practice pilots with a large number of alerts resulting from proximity of maneuvering aircraft. This suggestion was made to ontario approach who took it under consideration.

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Original NASA ASRS Text

Title: SMA FLYING VFR, CIRCLES DOWN THROUGH CLOUD OPENING. COMMUTER ACFT IFR TAKES OFFENSE AT SMA MANEUVERING. PLT ATC REVIEW.

Narrative: I WAS FLYING AT ABOUT 9500 FT OVER A BROKEN OVCST (SCATTERED IN AREAS) EBOUND. AS I APCHED A LARGE BREAK IN THE CLOUDS, I NOTED A COMMUTER-TYPE TURBOJET EMERGING FROM IN OR BELOW THE CLOUD LAYER AT MY 1 O'CLOCK POS PROCEEDING FROM S TO N, R TO L. THE COMMUTER, BEGAN AN IMMEDIATE TURN TO THE W (L) AFTER PASSING UNDER MY ACFT. I ALSO TURNED L INTENDING TO DSND WITHIN THE OPENING IN THE CLOUDS TO RETURN TO THE LAKE MATTHEWS AREA. A FAIRLY TIGHT TURN WAS MADE TO REMAIN GREATER THAN 2000 FT FROM THE CLOUDS. I MADE A FAIRLY STEEP TURNING DSCNT TO FOLLOW THE DIRECTION TAKEN BY THE COMMUTER WHICH COINCIDED WITH THE BREAK IN CLOUDS. AT ALL TIMES MY DISTANCE WAS APPROX 1/2 MI FROM THE COMMUTER OR GREATER. MY CRUISE AIRSPD WAS ABOUT 120 KTS, ALTHOUGH THIS INCREASED DURING DSCNT. THERE WAS AT NO TIME A RISK OF COLLISION OR HAZARD TO EITHER ACFT. THE COMMUTER WAS OPERATING UNDER IFR AND MY ACFT WAS AT ALL TIMES A LEGAL DISTANCE FROM CLOUDS. THERE WERE NO SAFETY OR FAR VIOLATIONS. UPON RETURN TO BASE, I WAS NOTIFIED TO CALL ONT APCH AND DID SO. THE COMMUTER PLT HAD QUESTIONED MY TURN AND DSCNT AS AN ACFT OF HOSTILITY TOWARD HIS CRAFT. I EXPLAINED THE OCCURRENCE, WHICH EXPLANATION WAS APPARENTLY ACCEPTED BY THE CTLR. WE DISCUSSED TFC CONFLICTS IN THE AREA (WHICH IS USED EXTENSIVELY AS A PRACTICE AREA) AND WHETHER HE WOULD RECOMMEND CONSTANT ATC RADIO COMS WHILE MANEUVERING IN THIS AREA. WE BOTH AGREED THAT THERE WOULD BE EXCESSIVE TFC ALERTS FROM MANEUVERING ACFT AND SUBSTANTIAL DISTR TO BOTH PARTIES. I RECOMMEND THE FOLLOWING: 1) A DISCRETE CODE (IE, 1202) TO BE USED IN MODE C TO INDENT ACFT IN PRACTICE OPS IN THIS AREA. 2) A DISCRETE FREQ TO BE USED ONLY FOR AREA TFC ALERTS TO THE AREA. 3) ATC TO PROVIDE ALERTS ONLY BTWN 1202 ACFT AND OTHER ACFT AND NOT BTWN 1202 ACFT. THIS WOULD PROTECT ACR AND TRANSIENT ACFT IN THE AREA WHO ARE IN RADIO CONTACT WITH ONT APCH, AS WELL AS ALLOWING AN INCREASE IN SAFETY TO AEROBATIC AND OTHER PRACTICE OPS WITHOUT CREATING AN ADDITIONAL HAZARD BY OVERBURDENING THE CTLR OR THE PRACTICE PLTS WITH A LARGE NUMBER OF ALERTS RESULTING FROM PROX OF MANEUVERING ACFT. THIS SUGGESTION WAS MADE TO ONTARIO APCH WHO TOOK IT UNDER CONSIDERATION.

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.