Private pilot of an small aircraft sel took evasive action to avoid another aircraft at approximatel...

Attributes
ACN	324369
Time
Date	199601
Day	Mon
Local Time Of Day	0601 To 1200
Place
Locale Reference	airport : sjc
State Reference	CA
Altitude	msl bound lower : 3200 msl bound upper : 3500
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : oak
Operator	general aviation : personal
Make Model Name	Any Unknown or Unlisted Aircraft Manufacturer
Operating Under FAR Part	Part 91
Flight Phase	descent other
Flight Plan	None
Aircraft 2
Make Model Name	Duchess 76
Operating Under FAR Part	Part 91
Flight Phase	cruise other
Person 1
Affiliation	Other
Function	flight crew : single pilot
Qualification	pilot : private pilot : instrument
Experience	flight time last 90 days : 10 flight time total : 980 flight time type : 750
ASRS Report	324369
Person 2
Function	flight crew : single pilot
Events
Anomaly	conflict : nmac other anomaly other
Independent Detector	other flight crewa
Resolutory Action	flight crew : took evasive action
Consequence	faa : reviewed incident with flight crew
Miss Distance	horizontal : 300 vertical : 50
Supplementary
Primary Problem	Flight Crew Human Performance

Narrative:

While descending through 3500 ft on V334 approximately 10 NM northeast of the san jose VOR I suddenly saw a light twin aircraft, light blue and white in color, probably a beech dutchess, crossing in my 10-11 O'clock position, at my altitude left to right and at a distance of about 1000 ft. I made an immediate descending sharp left turn as an evasive maneuver. I passed behind and under the twin at a minimum distance of about 300 ft. I was in radar flight following and had been advised of traffic at 12 O'clock 4500 ft, 1 mi, same direction moments prior to this. After reporting the near miss, I was told by the controller that he saw no traffic at my altitude. I assured him that there indeed was traffic. Factsecond officerpinions: had I not made the immediate maneuver I am convinced we would have collided. I am very committed to continuous scanning for traffic and was distracted by the advisory I was given and so failed to look left at that time in particular. I would guess the twin was 'sneaking through' the class C and maybe nearby class B airspace by not activating his transponder. Only other explanation is controller missed return or there is a radar blind spot in this area and altitude unless twin was replying with altitude 1000 ft in error.

Original NASA ASRS Text

Title: PVT PLT OF AN SMA SEL TOOK EVASIVE ACTION TO AVOID ANOTHER ACFT AT APPROX THE SAME ALT XING THROUGH HIS FLT PATH WHILE DSNDING IN CLASS C AIRSPACE. NMAC.

Narrative: WHILE DSNDING THROUGH 3500 FT ON V334 APPROX 10 NM NE OF THE SAN JOSE VOR I SUDDENLY SAW A LIGHT TWIN ACFT, LIGHT BLUE AND WHITE IN COLOR, PROBABLY A BEECH DUTCHESS, XING IN MY 10-11 O'CLOCK POS, AT MY ALT L TO R AND AT A DISTANCE OF ABOUT 1000 FT. I MADE AN IMMEDIATE DSNDING SHARP L TURN AS AN EVASIVE MANEUVER. I PASSED BEHIND AND UNDER THE TWIN AT A MINIMUM DISTANCE OF ABOUT 300 FT. I WAS IN RADAR FLT FOLLOWING AND HAD BEEN ADVISED OF TFC AT 12 O'CLOCK 4500 FT, 1 MI, SAME DIRECTION MOMENTS PRIOR TO THIS. AFTER RPTING THE NEAR MISS, I WAS TOLD BY THE CTLR THAT HE SAW NO TFC AT MY ALT. I ASSURED HIM THAT THERE INDEED WAS TFC. FACTS/OPINIONS: HAD I NOT MADE THE IMMEDIATE MANEUVER I AM CONVINCED WE WOULD HAVE COLLIDED. I AM VERY COMMITTED TO CONTINUOUS SCANNING FOR TFC AND WAS DISTRACTED BY THE ADVISORY I WAS GIVEN AND SO FAILED TO LOOK L AT THAT TIME IN PARTICULAR. I WOULD GUESS THE TWIN WAS 'SNEAKING THROUGH' THE CLASS C AND MAYBE NEARBY CLASS B AIRSPACE BY NOT ACTIVATING HIS XPONDER. ONLY OTHER EXPLANATION IS CTLR MISSED RETURN OR THERE IS A RADAR BLIND SPOT IN THIS AREA AND ALT UNLESS TWIN WAS REPLYING WITH ALT 1000 FT IN ERROR.

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.

Private pilot of an small aircraft sel took evasive action to avoid another aircraft at approximately the same altitude crossing through his flight path while descending in class C airspace. Near midair collision.