Narrative:

ZME advised us of traffic at our '10 O'clock, 6 mi, mode C indicates 6700 ft.' we were flying at 7000 ft and in and out of the clouds. We advised center of our flight conditions and inability to see traffic. Approximately 1 min later, center issued us another TA, 'traffic at 12 O'clock, 3 mi, opposite direction.' we replied 'roger' and called 'no joy' and I started a right turn to avoid the traffic. Approximately 10-15 seconds later, the captain said to me, 'I have him in sight and I have the flight controls.' I acknowledged 'your flight controls' and looked for the traffic. I saw an aircraft at our 11 O'clock, and while scanning the area, I saw another airplane at our 12 O'clock come out of the clouds and at our altitude! I said 'there's another one, pull up!' the captain pulled up abruptly into a climbing right turn. We barely missed the aircraft. I immediately notified center that we had a near midair collision. The traffic they had been advising us of turned out to be not 1 but 3 aircraft flying in loose formation. They looked like small aircraft 1 or small aircraft 2 aerobatic bi-wing aircraft. The pilots of these aircraft were not operating IFR and we observed them coming out of the clouds so they were definitely not VFR either. These pilots were operating illegally. They were level at or near our altitude. Basically, the cause of the problem was that the pilots of the 3 aerobatic aircraft were not complying with VFR or IFR. To correct this situation from happening in the future, if ATC issues any IFR aircraft traffic and the IFR aircraft does not have the VFR traffic in sight, ATC should instruct IFR aircraft to turn so as to avoid the VFR aircraft before they ever become a detriment to safety. ATC never instructed us to do anything! We repeatedly called no joy on the traffic and advised ATC that we were in and out of the clouds. We started a right turn to avoid the aircraft before we ever saw them. If we had not taken evasive action when we did, I wouldn't be writing this letter to you now. Instead you or someone in the FAA would be investigating the causes of our crash. I am not trying to place blame on the FAA or ATC, but something needs to be put in place to prevent this kind of situation from recurring.

Related reports:

Google
 

Original NASA ASRS Text

Title: AN ACR LTT HAD AN NMAC WITH 3 SMA BIPLANES.

Narrative: ZME ADVISED US OF TFC AT OUR '10 O'CLOCK, 6 MI, MODE C INDICATES 6700 FT.' WE WERE FLYING AT 7000 FT AND IN AND OUT OF THE CLOUDS. WE ADVISED CTR OF OUR FLT CONDITIONS AND INABILITY TO SEE TFC. APPROX 1 MIN LATER, CTR ISSUED US ANOTHER TA, 'TFC AT 12 O'CLOCK, 3 MI, OPPOSITE DIRECTION.' WE REPLIED 'ROGER' AND CALLED 'NO JOY' AND I STARTED A R TURN TO AVOID THE TFC. APPROX 10-15 SECONDS LATER, THE CAPT SAID TO ME, 'I HAVE HIM IN SIGHT AND I HAVE THE FLT CTLS.' I ACKNOWLEDGED 'YOUR FLT CTLS' AND LOOKED FOR THE TFC. I SAW AN ACFT AT OUR 11 O'CLOCK, AND WHILE SCANNING THE AREA, I SAW ANOTHER AIRPLANE AT OUR 12 O'CLOCK COME OUT OF THE CLOUDS AND AT OUR ALT! I SAID 'THERE'S ANOTHER ONE, PULL UP!' THE CAPT PULLED UP ABRUPTLY INTO A CLBING R TURN. WE BARELY MISSED THE ACFT. I IMMEDIATELY NOTIFIED CTR THAT WE HAD A NEAR MIDAIR COLLISION. THE TFC THEY HAD BEEN ADVISING US OF TURNED OUT TO BE NOT 1 BUT 3 ACFT FLYING IN LOOSE FORMATION. THEY LOOKED LIKE SMA 1 OR SMA 2 AEROBATIC BI-WING ACFT. THE PLTS OF THESE ACFT WERE NOT OPERATING IFR AND WE OBSERVED THEM COMING OUT OF THE CLOUDS SO THEY WERE DEFINITELY NOT VFR EITHER. THESE PLTS WERE OPERATING ILLEGALLY. THEY WERE LEVEL AT OR NEAR OUR ALT. BASICALLY, THE CAUSE OF THE PROB WAS THAT THE PLTS OF THE 3 AEROBATIC ACFT WERE NOT COMPLYING WITH VFR OR IFR. TO CORRECT THIS SIT FROM HAPPENING IN THE FUTURE, IF ATC ISSUES ANY IFR ACFT TFC AND THE IFR ACFT DOES NOT HAVE THE VFR TFC IN SIGHT, ATC SHOULD INSTRUCT IFR ACFT TO TURN SO AS TO AVOID THE VFR ACFT BEFORE THEY EVER BECOME A DETRIMENT TO SAFETY. ATC NEVER INSTRUCTED US TO DO ANYTHING! WE REPEATEDLY CALLED NO JOY ON THE TFC AND ADVISED ATC THAT WE WERE IN AND OUT OF THE CLOUDS. WE STARTED A R TURN TO AVOID THE ACFT BEFORE WE EVER SAW THEM. IF WE HAD NOT TAKEN EVASIVE ACTION WHEN WE DID, I WOULDN'T BE WRITING THIS LETTER TO YOU NOW. INSTEAD YOU OR SOMEONE IN THE FAA WOULD BE INVESTIGATING THE CAUSES OF OUR CRASH. I AM NOT TRYING TO PLACE BLAME ON THE FAA OR ATC, BUT SOMETHING NEEDS TO BE PUT IN PLACE TO PREVENT THIS KIND OF SIT FROM RECURRING.

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.