Small aircraft charter flight on VFR flight plan was having problem communicating with approach for ...

Attributes
ACN	349038
Time
Date	199610
Day	Wed
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : iso
State Reference	NC
Altitude	msl bound lower : 1300 msl bound upper : 1800
Environment
Flight Conditions	Marginal
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : gsb
Operator	other
Make Model Name	Any Unknown or Unlisted Aircraft Manufacturer
Operating Under FAR Part	Part 91
Flight Phase	cruise other
Route In Use	approach : visual
Flight Plan	None
Aircraft 2
Make Model Name	Any Unknown or Unlisted Aircraft Manufacturer
Operating Under FAR Part	other : unknown
Flight Phase	cruise other
Person 1
Affiliation	Other
Function	flight crew : single pilot
Qualification	pilot : commercial pilot : cfi pilot : instrument
Experience	flight time last 90 days : 300 flight time total : 1700 flight time type : 400
ASRS Report	349038
Person 2
Affiliation	Other
Function	flight crew : single pilot
Qualification	pilot : private
Events
Anomaly	aircraft equipment problem : less severe conflict : nmac inflight encounter : weather non adherence : far other anomaly other
Independent Detector	other flight crewa
Resolutory Action	controller : issued new clearance flight crew : took evasive action
Consequence	Other
Miss Distance	horizontal : 0 vertical : 200
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

I was flying VFR from oaj to W03. We were flying around 800 ft. The ceiling started to drop lower so I descended to around 700 ft. At this altitude I knew I would not be able to contact seymor AFB to get my IFR. I saw a hole in the broken to scattered layer and climbed through it. I was on top about 900 ft and leveled off at 1300 ft. Still VFR I continued. I had good VFR with a scattered layer below. I had ground contact and could still navigation using pilotage. As I continued on a 350 degree heading I realized the scattered layer below me was becoming broken to overcast and there was a wall of clouds ahead of me. At this time I tried to contact seymor. There was no response. I then heard seymor giving advisories to another aircraft. Seymor told the other aircraft that he had traffic 12 O'clock and 7 mi at 1300 ft. I realized that seymor was talking about me and I tried to contact seymor a second time, with no response. Continuing on a 350 degree heading I would not be able to maintain VFR for much longer. I then made a third call with no response. I now had to turn around. I thought I should climb to get better radio reception. I started a climbing right turn. In the turn I tried to call seymor again with no response. As I was turning through 90 degrees I heard seymor call traffic 12 O'clock less than a mi. I realized that we were on a collision course. I increased my bank angle. At that time I saw the other aircraft less than 100 ft and right over the top of our aircraft. At that time I called seymor and got a response. I received my clearance and continued IFR to my destination. I believe the contributing factors were: 1) weak radios in my aircraft. 2) seymor not giving the other aircraft a vector away from my aircraft. 3) conditions being marginal VFR.

Original NASA ASRS Text

Title: SMA CHARTER FLT ON VFR FLT PLAN WAS HAVING PROB COMMUNICATING WITH APCH FOR IFR CLRNC. CLBED UP THROUGH BROKEN CLOUDS TO GET BETTER RECEPTION. HEARD APCH GIVE TFC TO ANOTHER ACFT AND KNEW IT WAS HIS ACFT. STARTED TO REVERSE COURSE ACCOUNT DETERIORATING CONDITIONS AND SAW ACFT SAME ALT WITHIN 100 FT. ABLE TO COMMUNICATE WITH GSB FOR IFR CLRNC.

Narrative: I WAS FLYING VFR FROM OAJ TO W03. WE WERE FLYING AROUND 800 FT. THE CEILING STARTED TO DROP LOWER SO I DSNDED TO AROUND 700 FT. AT THIS ALT I KNEW I WOULD NOT BE ABLE TO CONTACT SEYMOR AFB TO GET MY IFR. I SAW A HOLE IN THE BROKEN TO SCATTERED LAYER AND CLBED THROUGH IT. I WAS ON TOP ABOUT 900 FT AND LEVELED OFF AT 1300 FT. STILL VFR I CONTINUED. I HAD GOOD VFR WITH A SCATTERED LAYER BELOW. I HAD GND CONTACT AND COULD STILL NAV USING PILOTAGE. AS I CONTINUED ON A 350 DEG HDG I REALIZED THE SCATTERED LAYER BELOW ME WAS BECOMING BROKEN TO OVCST AND THERE WAS A WALL OF CLOUDS AHEAD OF ME. AT THIS TIME I TRIED TO CONTACT SEYMOR. THERE WAS NO RESPONSE. I THEN HEARD SEYMOR GIVING ADVISORIES TO ANOTHER ACFT. SEYMOR TOLD THE OTHER ACFT THAT HE HAD TFC 12 O'CLOCK AND 7 MI AT 1300 FT. I REALIZED THAT SEYMOR WAS TALKING ABOUT ME AND I TRIED TO CONTACT SEYMOR A SECOND TIME, WITH NO RESPONSE. CONTINUING ON A 350 DEG HDG I WOULD NOT BE ABLE TO MAINTAIN VFR FOR MUCH LONGER. I THEN MADE A THIRD CALL WITH NO RESPONSE. I NOW HAD TO TURN AROUND. I THOUGHT I SHOULD CLB TO GET BETTER RADIO RECEPTION. I STARTED A CLBING R TURN. IN THE TURN I TRIED TO CALL SEYMOR AGAIN WITH NO RESPONSE. AS I WAS TURNING THROUGH 90 DEGS I HEARD SEYMOR CALL TFC 12 O'CLOCK LESS THAN A MI. I REALIZED THAT WE WERE ON A COLLISION COURSE. I INCREASED MY BANK ANGLE. AT THAT TIME I SAW THE OTHER ACFT LESS THAN 100 FT AND RIGHT OVER THE TOP OF OUR ACFT. AT THAT TIME I CALLED SEYMOR AND GOT A RESPONSE. I RECEIVED MY CLRNC AND CONTINUED IFR TO MY DEST. I BELIEVE THE CONTRIBUTING FACTORS WERE: 1) WEAK RADIOS IN MY ACFT. 2) SEYMOR NOT GIVING THE OTHER ACFT A VECTOR AWAY FROM MY ACFT. 3) CONDITIONS BEING MARGINAL VFR.

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.