Air taxi has near midair collision at cruise above TCA ceiling.

Attributes
ACN	229186
Time
Date	199212
Day	Tue
Local Time Of Day	1201 To 1800
Place
Locale Reference	airport : lga
State Reference	NY
Altitude	msl bound lower : 7500 msl bound upper : 7500
Environment
Flight Conditions	VMC
Light	Dusk
Aircraft 1
Controlling Facilities	tracon : n90
Operator	common carrier : air taxi
Make Model Name	Small Transport, Low Wing, 2 Turboprop Eng
Flight Phase	cruise other
Flight Plan	VFR
Aircraft 2
Operator	common carrier : air carrier
Make Model Name	Medium Large Transport, Low Wing, 2 Turbojet Eng
Flight Phase	climbout : intermediate altitude
Flight Plan	IFR
Person 1
Affiliation	company : air taxi
Function	flight crew : single pilot
Qualification	pilot : instrument pilot : commercial pilot : atp
Experience	flight time last 90 days : 120 flight time total : 5600
ASRS Report	299186
Person 2
Affiliation	government : faa
Function	controller : departure
Qualification	controller : radar
Events
Anomaly	conflict : nmac
Independent Detector	other flight crewa
Resolutory Action	flight crew : took evasive action other
Consequence	Other
Miss Distance	horizontal : 3000 vertical : 200
Supplementary
Primary Problem	Flight Crew Human Performance

Narrative:

On a flight from trenton, nj (ttn) to bedford, ma (bed), while over the new york TCA, I had a near miss with an air carrier twinjet. I had the traffic in sight for several seconds before we came into close proximity and was aware of it as a threat, but expected it to either level off or make a slight right turn, on advice of either ATC or TCASII. I began a left turn but couldn't descend much as I was at 7500 ft MSL, only 500 ft above the ceiling of the TCA. I maintained sight of the air carrier airplane and was certain it would miss, but we got closer than I would have liked. Contributing to this occurrence was the load of traffic which precluded new york approach from issuing the VFR advisories I requested. I'm not sure if I showed up on the TCASII. I suspect not, otherwise air carrier would have changed heading or stopped the climb. Transponder was on and reply light was flashing, though perhaps a bit irregularly. Another factor was my proximity to the ceiling of the TCA which limited my vertical avoidance options. The biggest lesson I learned was to keep eyes outside the cockpit when VFR, especially in crowded airspace as most of the northeast corridor is, and keep lights on to be as visible as possible.

Original NASA ASRS Text

Title: AIR TAXI HAS NMAC AT CRUISE ABOVE TCA CEILING.

Narrative: ON A FLT FROM TRENTON, NJ (TTN) TO BEDFORD, MA (BED), WHILE OVER THE NEW YORK TCA, I HAD A NEAR MISS WITH AN ACR TWINJET. I HAD THE TFC IN SIGHT FOR SEVERAL SECONDS BEFORE WE CAME INTO CLOSE PROX AND WAS AWARE OF IT AS A THREAT, BUT EXPECTED IT TO EITHER LEVEL OFF OR MAKE A SLIGHT R TURN, ON ADVICE OF EITHER ATC OR TCASII. I BEGAN A L TURN BUT COULDN'T DSND MUCH AS I WAS AT 7500 FT MSL, ONLY 500 FT ABOVE THE CEILING OF THE TCA. I MAINTAINED SIGHT OF THE ACR AIRPLANE AND WAS CERTAIN IT WOULD MISS, BUT WE GOT CLOSER THAN I WOULD HAVE LIKED. CONTRIBUTING TO THIS OCCURRENCE WAS THE LOAD OF TFC WHICH PRECLUDED NEW YORK APCH FROM ISSUING THE VFR ADVISORIES I REQUESTED. I'M NOT SURE IF I SHOWED UP ON THE TCASII. I SUSPECT NOT, OTHERWISE ACR WOULD HAVE CHANGED HDG OR STOPPED THE CLB. XPONDER WAS ON AND REPLY LIGHT WAS FLASHING, THOUGH PERHAPS A BIT IRREGULARLY. ANOTHER FACTOR WAS MY PROX TO THE CEILING OF THE TCA WHICH LIMITED MY VERT AVOIDANCE OPTIONS. THE BIGGEST LESSON I LEARNED WAS TO KEEP EYES OUTSIDE THE COCKPIT WHEN VFR, ESPECIALLY IN CROWDED AIRSPACE AS MOST OF THE NE CORRIDOR IS, AND KEEP LIGHTS ON TO BE AS VISIBLE AS POSSIBLE.

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.