Small aircraft has near midair collision with DC9.

Attributes
ACN	295064
Time
Date	199501
Day	Sat
Local Time Of Day	0601 To 1200
Place
Locale Reference	atc facility : pvd
State Reference	RI
Altitude	msl bound lower : 4500 msl bound upper : 4500
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : pvd tracon : bru
Operator	general aviation : instructional
Make Model Name	Any Unknown or Unlisted Aircraft Manufacturer
Operating Under FAR Part	Part 91
Flight Phase	cruise other
Flight Plan	VFR
Aircraft 2
Operator	common carrier : air carrier
Make Model Name	DC-9 Undifferentiated or Other Model
Operating Under FAR Part	Part 121
Flight Phase	descent other
Flight Plan	IFR
Person 1
Affiliation	Other
Function	instruction : instructor
Qualification	pilot : instrument pilot : commercial pilot : cfi
Experience	flight time last 90 days : 40 flight time total : 460 flight time type : 35
ASRS Report	295064
Person 2
Affiliation	Other
Function	flight crew : single pilot
Qualification	pilot : student
Events
Anomaly	conflict : nmac non adherence : far
Independent Detector	other flight crewa
Resolutory Action	flight crew : took evasive action other
Consequence	Other
Miss Distance	horizontal : 50 vertical : 200
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

I was en route from plymouth, ma, to westerly, ri, with a student on a cross country flight, level at 4500 ft MSL, with all equipment working on takeoff. About 20 NM east of providence, ri, I called pvd approach to obtain flight following. The controller gave me a transponder code and told me to identify. I squawked the code and pushed the indent button. Then I went back to giving instruction to my student. Around 5-6 mins later, it dawned on me that I did not hear the controller verify that I was radar contact. So I called approach control again and asked to verify that I was in radar contact. By now, I was over pvd class C airspace level 4500 ft MSL and about 7 NM southeast of pvd airport. The controller came back and told me that there was no secondary or primary return on the radar scope and to remain clear of pvd class C airspace. Now, I was about 2 NM south of quonset state airport and I elected to continue on course, figuring it was about the same distance to continue straight ahead than turning left to get beyond the 10 mi ring of the class C airspace, being that I now did not have an operable mode C transponder. Continuing en route, about 6 NM southwest of quonset airport, traffic was spotted at 12 O'clock at the same altitude as my aircraft. I was forced to take corrective action by banking to the right and descending 300 ft when a dc-9 flew directly overhead. The dc-9 was at 4500 ft MSL (which was my VFR altitude flying wbound) and he was travelling eastbound. I don't know if the dc-9 pilot ever saw me, because he did not seem to take any corrective action. I would recommend that when an aircraft loses its mode C transponder and especially when they lose it over class C or B airspace, that the controller does not just hastily kick aircraft out of the airspace, but make an attempt to keep up position reporting to reduce the possibilities of close calls like this one. Furthermore, unless the dc- 9 was descending, he should not have been flying on a wbound VFR altitude when flying eastbound. As shown here, it just increases the possibility (although remote) of a midair collision.

Original NASA ASRS Text

Title: SMA HAS NMAC WITH DC9.

Narrative: I WAS ENRTE FROM PLYMOUTH, MA, TO WESTERLY, RI, WITH A STUDENT ON A XCOUNTRY FLT, LEVEL AT 4500 FT MSL, WITH ALL EQUIP WORKING ON TKOF. ABOUT 20 NM E OF PROVIDENCE, RI, I CALLED PVD APCH TO OBTAIN FLT FOLLOWING. THE CTLR GAVE ME A XPONDER CODE AND TOLD ME TO IDENT. I SQUAWKED THE CODE AND PUSHED THE INDENT BUTTON. THEN I WENT BACK TO GIVING INSTRUCTION TO MY STUDENT. AROUND 5-6 MINS LATER, IT DAWNED ON ME THAT I DID NOT HEAR THE CTLR VERIFY THAT I WAS RADAR CONTACT. SO I CALLED APCH CTL AGAIN AND ASKED TO VERIFY THAT I WAS IN RADAR CONTACT. BY NOW, I WAS OVER PVD CLASS C AIRSPACE LEVEL 4500 FT MSL AND ABOUT 7 NM SE OF PVD ARPT. THE CTLR CAME BACK AND TOLD ME THAT THERE WAS NO SECONDARY OR PRIMARY RETURN ON THE RADAR SCOPE AND TO REMAIN CLR OF PVD CLASS C AIRSPACE. NOW, I WAS ABOUT 2 NM S OF QUONSET STATE ARPT AND I ELECTED TO CONTINUE ON COURSE, FIGURING IT WAS ABOUT THE SAME DISTANCE TO CONTINUE STRAIGHT AHEAD THAN TURNING L TO GET BEYOND THE 10 MI RING OF THE CLASS C AIRSPACE, BEING THAT I NOW DID NOT HAVE AN OPERABLE MODE C XPONDER. CONTINUING ENRTE, ABOUT 6 NM SW OF QUONSET ARPT, TFC WAS SPOTTED AT 12 O'CLOCK AT THE SAME ALT AS MY ACFT. I WAS FORCED TO TAKE CORRECTIVE ACTION BY BANKING TO THE R AND DSNDING 300 FT WHEN A DC-9 FLEW DIRECTLY OVERHEAD. THE DC-9 WAS AT 4500 FT MSL (WHICH WAS MY VFR ALT FLYING WBOUND) AND HE WAS TRAVELLING EBOUND. I DON'T KNOW IF THE DC-9 PLT EVER SAW ME, BECAUSE HE DID NOT SEEM TO TAKE ANY CORRECTIVE ACTION. I WOULD RECOMMEND THAT WHEN AN ACFT LOSES ITS MODE C XPONDER AND ESPECIALLY WHEN THEY LOSE IT OVER CLASS C OR B AIRSPACE, THAT THE CTLR DOES NOT JUST HASTILY KICK ACFT OUT OF THE AIRSPACE, BUT MAKE AN ATTEMPT TO KEEP UP POS RPTING TO REDUCE THE POSSIBILITIES OF CLOSE CALLS LIKE THIS ONE. FURTHERMORE, UNLESS THE DC- 9 WAS DSNDING, HE SHOULD NOT HAVE BEEN FLYING ON A WBOUND VFR ALT WHEN FLYING EBOUND. AS SHOWN HERE, IT JUST INCREASES THE POSSIBILITY (ALTHOUGH REMOTE) OF A MIDAIR COLLISION.

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.