Narrative:

I took off from pgv with AWOS reporting 2200 ft overcast. Pgv elevation is 27 ft MSL. Leveled off at 1900 ft to pick up IFR clearance. First call to ZDC got no response. Approximately 30 seconds later, a medium size twin engine jet, whose call sign was aircraft Y, called ZDC and said something about alwood intersection. I called again to ZDC stating I was VFR off pgv at 2000 ft, looking for IFR clearance to rdu. Aircraft Y transmitted that they were at 2000 ft as well. I was given a squawk code and immediately told to look for traffic at 9 O'clock, less than 1 mi. I visually saw a twin engine jet with only its navigation lights on. No strobes, no landing lights. I told ATC I had traffic in sight. Aircraft Y said something about TCASII and began a climb, passed about 2000 ft in front and 300 ft above. Aircraft Y pilot reported he was in the clouds. I was again asked by ATC if I had traffic in sight. Just as I replied yes, I lost sight of him moving away from me at approximately 2 O'clock. I was then given my ATC clearance with a climb to 4000 ft. My entire climb to 4000 ft was VMC. I was then given a frequency change by ATC. Before I changed frequency I heard aircraft Y pilot telling ATC that he was in the clouds at 2000 ft. The controller replied that he had stepped away from the console for a few moments when all this had begun and he (ATC controller) apologized. I then changed frequency. My conclusions: 1) aircraft Y pilot had descended to VMC, but was not maintaining outside scan. 2) he failed to give way to approaching aircraft from right because he wasn't looking. 3) initially, controller was away from console, thus failing to provide separation between IFR and VFR traffic. 4) I may or may not have been 500 ft below clouds (VFR cloud clearance).

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Original NASA ASRS Text

Title: CARGO ACFT PLT ON VFR DEP PASSES IN PROX TO SMA JET 5 MI N OF ARPT. BOTH ACFT REQUESTED IFR CLRNC. AS ATC IDENTS BOTH ACFT, SMA JET INITIATES TCASII CLB. RPTR OF CARGO ACFT DISAGREES WITH JET PLT AS TO EXISTING FLT CONDITIONS, RIGHT OF WAY PROCS AND INFLT ACTIONS TAKEN BY ATC TO SEPARATE BOTH ACFT.

Narrative: I TOOK OFF FROM PGV WITH AWOS RPTING 2200 FT OVCST. PGV ELEVATION IS 27 FT MSL. LEVELED OFF AT 1900 FT TO PICK UP IFR CLRNC. FIRST CALL TO ZDC GOT NO RESPONSE. APPROX 30 SECONDS LATER, A MEDIUM SIZE TWIN ENG JET, WHOSE CALL SIGN WAS ACFT Y, CALLED ZDC AND SAID SOMETHING ABOUT ALWOOD INTXN. I CALLED AGAIN TO ZDC STATING I WAS VFR OFF PGV AT 2000 FT, LOOKING FOR IFR CLRNC TO RDU. ACFT Y XMITTED THAT THEY WERE AT 2000 FT AS WELL. I WAS GIVEN A SQUAWK CODE AND IMMEDIATELY TOLD TO LOOK FOR TFC AT 9 O'CLOCK, LESS THAN 1 MI. I VISUALLY SAW A TWIN ENG JET WITH ONLY ITS NAV LIGHTS ON. NO STROBES, NO LNDG LIGHTS. I TOLD ATC I HAD TFC IN SIGHT. ACFT Y SAID SOMETHING ABOUT TCASII AND BEGAN A CLB, PASSED ABOUT 2000 FT IN FRONT AND 300 FT ABOVE. ACFT Y PLT RPTED HE WAS IN THE CLOUDS. I WAS AGAIN ASKED BY ATC IF I HAD TFC IN SIGHT. JUST AS I REPLIED YES, I LOST SIGHT OF HIM MOVING AWAY FROM ME AT APPROX 2 O'CLOCK. I WAS THEN GIVEN MY ATC CLRNC WITH A CLB TO 4000 FT. MY ENTIRE CLB TO 4000 FT WAS VMC. I WAS THEN GIVEN A FREQ CHANGE BY ATC. BEFORE I CHANGED FREQ I HEARD ACFT Y PLT TELLING ATC THAT HE WAS IN THE CLOUDS AT 2000 FT. THE CTLR REPLIED THAT HE HAD STEPPED AWAY FROM THE CONSOLE FOR A FEW MOMENTS WHEN ALL THIS HAD BEGUN AND HE (ATC CTLR) APOLOGIZED. I THEN CHANGED FREQ. MY CONCLUSIONS: 1) ACFT Y PLT HAD DSNDED TO VMC, BUT WAS NOT MAINTAINING OUTSIDE SCAN. 2) HE FAILED TO GIVE WAY TO APCHING ACFT FROM R BECAUSE HE WASN'T LOOKING. 3) INITIALLY, CTLR WAS AWAY FROM CONSOLE, THUS FAILING TO PROVIDE SEPARATION BTWN IFR AND VFR TFC. 4) I MAY OR MAY NOT HAVE BEEN 500 FT BELOW CLOUDS (VFR CLOUD CLRNC).

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.