Narrative:

IFR flight lga to leb at 13000 ft cleared to 6000 ft with right 360 degree turn for delay vector for aircraft on ILS, final 18 at leb. While in turn and descending aircraft Y departs leb VFR (runway 18) and passes just below us in clouds. (Center confirmed same. Leb tower confirmed. Said aircraft departed VFR from leb same time frame, we heard them pick up IFR at 9500 ft to bos.) cloud bases about 4500 ft AGL, tops 8500 ft MSL. This was a very near miss. Their continuing VFR into IMC is recurring problem. I refuse to be a victim of their blatant disregard for life. Called tower on landline at leb to report near miss and stated cause. I cannot situation by and idly let this happen any longer. Callback conversation with reporter revealed the following information: the following noon after this early evening incident, an FAA representative called the reporter in aircraft X to ask him the same questions that the FAA had asked the other pilot. The reporter states that it was a bright night with multiple layers of scattered to broken clouds from 5000 to 8500 ft. The reporter was in clouds when he saw the intruder aircraft Y pass under him at nearly a right angle. There was no warning from the radar controller to this reporter. The intruder was on a VFR flight plan and may not have been squawking altitude on his transponder. The intruder was a 'pop up' for the controller working the reporter. The report further states that he has seen other pilots for the intruder's company flying in clouds on VFR flight plans. One of the passenger in the reporter's aircraft saw the intruder aircraft. Supplemental information from acn 253078: we called leb ground control for our clearance to bos. The controller suggested departing VFR and pick up our IFR clearance with ZBW if we didn't want a lengthy delay. During our VFR climb, I noticed an aircraft descending through the scattered layer above. I informed the PF, who then stopped our climb and turned further east to increase our separation. We were monitoring ZBW. We heard the other aircraft say to ZBW 'what was that, that flew beneath us, that was close.' we proceeded our VFR climb to 9500 ft and picked up our IFR clearance. The flight proceeded without further incident.

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Original NASA ASRS Text

Title: 2 ACR LTT'S HAD AN NMAC OR LTSS AT NIGHT IN SCATTERED TO BROKEN WX CONDITIONS. ONE ACFT WAS IFR, THE OTHER VFR.

Narrative: IFR FLT LGA TO LEB AT 13000 FT CLRED TO 6000 FT WITH R 360 DEG TURN FOR DELAY VECTOR FOR ACFT ON ILS, FINAL 18 AT LEB. WHILE IN TURN AND DSNDING ACFT Y DEPARTS LEB VFR (RWY 18) AND PASSES JUST BELOW US IN CLOUDS. (CTR CONFIRMED SAME. LEB TWR CONFIRMED. SAID ACFT DEPARTED VFR FROM LEB SAME TIME FRAME, WE HEARD THEM PICK UP IFR AT 9500 FT TO BOS.) CLOUD BASES ABOUT 4500 FT AGL, TOPS 8500 FT MSL. THIS WAS A VERY NEAR MISS. THEIR CONTINUING VFR INTO IMC IS RECURRING PROB. I REFUSE TO BE A VICTIM OF THEIR BLATANT DISREGARD FOR LIFE. CALLED TWR ON LANDLINE AT LEB TO RPT NEAR MISS AND STATED CAUSE. I CANNOT SIT BY AND IDLY LET THIS HAPPEN ANY LONGER. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: THE FOLLOWING NOON AFTER THIS EARLY EVENING INCIDENT, AN FAA REPRESENTATIVE CALLED THE RPTR IN ACFT X TO ASK HIM THE SAME QUESTIONS THAT THE FAA HAD ASKED THE OTHER PLT. THE RPTR STATES THAT IT WAS A BRIGHT NIGHT WITH MULTIPLE LAYERS OF SCATTERED TO BROKEN CLOUDS FROM 5000 TO 8500 FT. THE RPTR WAS IN CLOUDS WHEN HE SAW THE INTRUDER ACFT Y PASS UNDER HIM AT NEARLY A R ANGLE. THERE WAS NO WARNING FROM THE RADAR CTLR TO THIS RPTR. THE INTRUDER WAS ON A VFR FLT PLAN AND MAY NOT HAVE BEEN SQUAWKING ALT ON HIS XPONDER. THE INTRUDER WAS A 'POP UP' FOR THE CTLR WORKING THE RPTR. THE RPT FURTHER STATES THAT HE HAS SEEN OTHER PLTS FOR THE INTRUDER'S COMPANY FLYING IN CLOUDS ON VFR FLT PLANS. ONE OF THE PAX IN THE RPTR'S ACFT SAW THE INTRUDER ACFT. SUPPLEMENTAL INFO FROM ACN 253078: WE CALLED LEB GND CTL FOR OUR CLRNC TO BOS. THE CTLR SUGGESTED DEPARTING VFR AND PICK UP OUR IFR CLRNC WITH ZBW IF WE DIDN'T WANT A LENGTHY DELAY. DURING OUR VFR CLB, I NOTICED AN ACFT DSNDING THROUGH THE SCATTERED LAYER ABOVE. I INFORMED THE PF, WHO THEN STOPPED OUR CLB AND TURNED FURTHER E TO INCREASE OUR SEPARATION. WE WERE MONITORING ZBW. WE HEARD THE OTHER ACFT SAY TO ZBW 'WHAT WAS THAT, THAT FLEW BENEATH US, THAT WAS CLOSE.' WE PROCEEDED OUR VFR CLB TO 9500 FT AND PICKED UP OUR IFR CLRNC. THE FLT PROCEEDED WITHOUT FURTHER INCIDENT.

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.