Narrative:

I had to make evasive maneuvers to avoid a midair collision while near the acy class C airspace under radar advisories from acy approach. I was flying a grumman cheetah. I departed VFR from runway 29 at aiy in atlantic city after getting the acy ATIS. I used the unicom frequency 123.00 for departure from the field and my destination was bdr. The WX was high stratus with visibility 10 mi in light haze. Upon departure I turned to the south to avoid the city and the class C airspace, then turned northward off the coast and contacted acy approach on 126.40. I was told to 'stand by and remain clear of class C airspace.' I did so, which required that I fly below the 1300 ft MSL shelf. I decided to maintain 1000 ft MSL. Approximately 1 min later, about the time that I came abeam bader field, acy approach issued a squawk code and requested my destination and requested altitude. I responded with my destination, and requested 5500 ft. Radar identify followed quickly, and I was given clearance to my cruising altitude and told to contact acy approach on 134.25. I checked in with the next sector telling them I was 'VFR, climbing 5500 ft.' a very short time later I was given a TA from approach to my 9 O'clock, a douglas DC9. I do not recall the exact distance reported, but I do remember it was within about 3-5 mi. The controller told me the DC9 was 'heading east' and would be entering a hold 'in that area' at 2300 ft MSL. I reported the traffic in sight, the controller told me to 'maintain visual separation with that aircraft.' the controller also reported us as traffic to the DC9, whose response was simply, 'looking.' at that time I was climbing through 1500 ft MSL and the DC9 was at my altitude. My on-course heading was 030 degrees, and although the controller said the DC9 was heading 'east' it appeared we were converging at about 30-45 degrees. As my passenger (a non pilot) and I watched the DC9 there was no relative movement and the DC9 was climbing at the same rate as we were. We were climbing at about 300 FPM. As we continued to watch the DC9, there continued to be no relative movement. As the DC9 came within about 1 mi of us, I asked acy, 'atlantic city, say again intentions of this DC9.' simultaneously to my query, the DC9 made a sudden bank to the right and turned directly for us, presumably to enter the holding pattern. The acy controller replied, 'I told you, the DC9 will be entering a hold in that area at 2300 ft.' I looked at my altimeter, and saw that we were also at 2300 ft. I immediately pulled the power to idle, pitched aggressively downward, and banked to starboard. I reported to acy that we were descending. The controller responded, 'no! Do not descend!' that the DC9 was staying at 2300 ft. By this time I had already descended to below 1800 ft and I told the controller, 'I have visual separation.' the DC9 passed directly over my canopy, with what I would estimate to be over 500 ft separation. After the airplane crossed over I told acy, 'traffic no factor.' he rogered my transmission. There were no conversations on the frequency on the matter after that. It appeared that the DC9 pilots never made any evasive maneuvers to avoid a collision, or that they had ever established visual contact with us. In my opinion, there were several contributing factors to this incident. First, it seems unreasonable that a DC9 airliner was placed in a holding pattern along the coastline of new jersey at 2300 ft MSL on a sunny VFR afternoon. From my perspective the holding pattern was not entirely within the class C airspace. The coastline of new jersey is a popular route for VFR traffic traversing the area, and VFR traffic is likely to be much denser on a day like this. I suspect that this air crew was on a training flight. If so, this should have been scheduled on a day when VFR traffic is lighter. Second, this air crew's attention was likely diverted to within the cockpit. I have no evidence to suggest that they ever saw us, or even attempted to do so. Had they acquired us visually, they would never have initiated the right turn into us to begin their holding pattern. Third, I was climbing at approximately 250-300 FPM. The controller could have been assuming that I would maintain a climb rate of 500 FPM minimum,as I would if I had been under IFR. Since I was VFR in VMC, I did not feel the need to notify the controller of any deviation to this. In addition, I may have misunderstood the controller's original callout, because as I watched the DC9 converging I was surprised that it was not out-climbing me. I took no action to climb through 2300 ft MSL, as I fully expected a DC9 to go above. Lastly, it appears the controller issued a 'maintain visual separation' requirement to me and did not keep track of the 2 of us. Had I maintained a 500 FPM minimum climb, I am confident that I would have passed over the DC9 with the minimum required 500 ft clearance, and I imagine this was what the controller expected. As it was though, we ended up at the same altitude. I am also confident that the controller did not know this, due to his response for me not to descend to avoid.

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Original NASA ASRS Text

Title: PLT OF GRUMMAN AA5A HAS NMAC WITH DC9 ON CLB AND ENTERING HOLDING PATTERN. EVASIVE ACTION BY SMA PLT.

Narrative: I HAD TO MAKE EVASIVE MANEUVERS TO AVOID A MIDAIR COLLISION WHILE NEAR THE ACY CLASS C AIRSPACE UNDER RADAR ADVISORIES FROM ACY APCH. I WAS FLYING A GRUMMAN CHEETAH. I DEPARTED VFR FROM RWY 29 AT AIY IN ATLANTIC CITY AFTER GETTING THE ACY ATIS. I USED THE UNICOM FREQ 123.00 FOR DEP FROM THE FIELD AND MY DEST WAS BDR. THE WX WAS HIGH STRATUS WITH VISIBILITY 10 MI IN LIGHT HAZE. UPON DEP I TURNED TO THE S TO AVOID THE CITY AND THE CLASS C AIRSPACE, THEN TURNED NORTHWARD OFF THE COAST AND CONTACTED ACY APCH ON 126.40. I WAS TOLD TO 'STAND BY AND REMAIN CLR OF CLASS C AIRSPACE.' I DID SO, WHICH REQUIRED THAT I FLY BELOW THE 1300 FT MSL SHELF. I DECIDED TO MAINTAIN 1000 FT MSL. APPROX 1 MIN LATER, ABOUT THE TIME THAT I CAME ABEAM BADER FIELD, ACY APCH ISSUED A SQUAWK CODE AND REQUESTED MY DEST AND REQUESTED ALT. I RESPONDED WITH MY DEST, AND REQUESTED 5500 FT. RADAR IDENT FOLLOWED QUICKLY, AND I WAS GIVEN CLRNC TO MY CRUISING ALT AND TOLD TO CONTACT ACY APCH ON 134.25. I CHKED IN WITH THE NEXT SECTOR TELLING THEM I WAS 'VFR, CLBING 5500 FT.' A VERY SHORT TIME LATER I WAS GIVEN A TA FROM APCH TO MY 9 O'CLOCK, A DOUGLAS DC9. I DO NOT RECALL THE EXACT DISTANCE RPTED, BUT I DO REMEMBER IT WAS WITHIN ABOUT 3-5 MI. THE CTLR TOLD ME THE DC9 WAS 'HDG E' AND WOULD BE ENTERING A HOLD 'IN THAT AREA' AT 2300 FT MSL. I RPTED THE TFC IN SIGHT, THE CTLR TOLD ME TO 'MAINTAIN VISUAL SEPARATION WITH THAT ACFT.' THE CTLR ALSO RPTED US AS TFC TO THE DC9, WHOSE RESPONSE WAS SIMPLY, 'LOOKING.' AT THAT TIME I WAS CLBING THROUGH 1500 FT MSL AND THE DC9 WAS AT MY ALT. MY ON-COURSE HDG WAS 030 DEGS, AND ALTHOUGH THE CTLR SAID THE DC9 WAS HDG 'E' IT APPEARED WE WERE CONVERGING AT ABOUT 30-45 DEGS. AS MY PAX (A NON PLT) AND I WATCHED THE DC9 THERE WAS NO RELATIVE MOVEMENT AND THE DC9 WAS CLBING AT THE SAME RATE AS WE WERE. WE WERE CLBING AT ABOUT 300 FPM. AS WE CONTINUED TO WATCH THE DC9, THERE CONTINUED TO BE NO RELATIVE MOVEMENT. AS THE DC9 CAME WITHIN ABOUT 1 MI OF US, I ASKED ACY, 'ATLANTIC CITY, SAY AGAIN INTENTIONS OF THIS DC9.' SIMULTANEOUSLY TO MY QUERY, THE DC9 MADE A SUDDEN BANK TO THE R AND TURNED DIRECTLY FOR US, PRESUMABLY TO ENTER THE HOLDING PATTERN. THE ACY CTLR REPLIED, 'I TOLD YOU, THE DC9 WILL BE ENTERING A HOLD IN THAT AREA AT 2300 FT.' I LOOKED AT MY ALTIMETER, AND SAW THAT WE WERE ALSO AT 2300 FT. I IMMEDIATELY PULLED THE PWR TO IDLE, PITCHED AGGRESSIVELY DOWNWARD, AND BANKED TO STARBOARD. I RPTED TO ACY THAT WE WERE DSNDING. THE CTLR RESPONDED, 'NO! DO NOT DSND!' THAT THE DC9 WAS STAYING AT 2300 FT. BY THIS TIME I HAD ALREADY DSNDED TO BELOW 1800 FT AND I TOLD THE CTLR, 'I HAVE VISUAL SEPARATION.' THE DC9 PASSED DIRECTLY OVER MY CANOPY, WITH WHAT I WOULD ESTIMATE TO BE OVER 500 FT SEPARATION. AFTER THE AIRPLANE CROSSED OVER I TOLD ACY, 'TFC NO FACTOR.' HE ROGERED MY XMISSION. THERE WERE NO CONVERSATIONS ON THE FREQ ON THE MATTER AFTER THAT. IT APPEARED THAT THE DC9 PLTS NEVER MADE ANY EVASIVE MANEUVERS TO AVOID A COLLISION, OR THAT THEY HAD EVER ESTABLISHED VISUAL CONTACT WITH US. IN MY OPINION, THERE WERE SEVERAL CONTRIBUTING FACTORS TO THIS INCIDENT. FIRST, IT SEEMS UNREASONABLE THAT A DC9 AIRLINER WAS PLACED IN A HOLDING PATTERN ALONG THE COASTLINE OF NEW JERSEY AT 2300 FT MSL ON A SUNNY VFR AFTERNOON. FROM MY PERSPECTIVE THE HOLDING PATTERN WAS NOT ENTIRELY WITHIN THE CLASS C AIRSPACE. THE COASTLINE OF NEW JERSEY IS A POPULAR RTE FOR VFR TFC TRAVERSING THE AREA, AND VFR TFC IS LIKELY TO BE MUCH DENSER ON A DAY LIKE THIS. I SUSPECT THAT THIS AIR CREW WAS ON A TRAINING FLT. IF SO, THIS SHOULD HAVE BEEN SCHEDULED ON A DAY WHEN VFR TFC IS LIGHTER. SECOND, THIS AIR CREW'S ATTN WAS LIKELY DIVERTED TO WITHIN THE COCKPIT. I HAVE NO EVIDENCE TO SUGGEST THAT THEY EVER SAW US, OR EVEN ATTEMPTED TO DO SO. HAD THEY ACQUIRED US VISUALLY, THEY WOULD NEVER HAVE INITIATED THE R TURN INTO US TO BEGIN THEIR HOLDING PATTERN. THIRD, I WAS CLBING AT APPROX 250-300 FPM. THE CTLR COULD HAVE BEEN ASSUMING THAT I WOULD MAINTAIN A CLB RATE OF 500 FPM MINIMUM,AS I WOULD IF I HAD BEEN UNDER IFR. SINCE I WAS VFR IN VMC, I DID NOT FEEL THE NEED TO NOTIFY THE CTLR OF ANY DEV TO THIS. IN ADDITION, I MAY HAVE MISUNDERSTOOD THE CTLR'S ORIGINAL CALLOUT, BECAUSE AS I WATCHED THE DC9 CONVERGING I WAS SURPRISED THAT IT WAS NOT OUT-CLBING ME. I TOOK NO ACTION TO CLB THROUGH 2300 FT MSL, AS I FULLY EXPECTED A DC9 TO GO ABOVE. LASTLY, IT APPEARS THE CTLR ISSUED A 'MAINTAIN VISUAL SEPARATION' REQUIREMENT TO ME AND DID NOT KEEP TRACK OF THE 2 OF US. HAD I MAINTAINED A 500 FPM MINIMUM CLB, I AM CONFIDENT THAT I WOULD HAVE PASSED OVER THE DC9 WITH THE MINIMUM REQUIRED 500 FT CLRNC, AND I IMAGINE THIS WAS WHAT THE CTLR EXPECTED. AS IT WAS THOUGH, WE ENDED UP AT THE SAME ALT. I AM ALSO CONFIDENT THAT THE CTLR DID NOT KNOW THIS, DUE TO HIS RESPONSE FOR ME NOT TO DSND TO AVOID.

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.