Narrative:

I and my student had just leveled off at 5000 ft MSL at the beginning of an instrument training flight. We had departed san jose international under IFR and had been cleared to intercept the sjc VOR 009 degree radial and follow it to sunol intersection after some radar vectors after departing san jose. Bay approach had called several targets to us as we neared livermore, but visibility was poor and I was unable to see most of them. My student was under the hood. Reported visibility at san jose was 7 mi, 6 mi at livermore, and 2 mi at stockton, all in haze. As we neared sunol, my student was busy setting up to intercept the eca VOR radial to continue the sunol 5 departure. Bay suddenly called, '(our call sign), traffic 9 O'clock position, 1 mi, 2 targets, altitude unknown.' I immediately started looking but couldn't see anything. After a few seconds, my student, who was working the radios, automatically answered with 'searching for traffic.' either I said 'I got it,' which he reported, or I said nothing and he acknowledged the call and said 'searching.' about 5 seconds after the ATC call and while my student was calling back, a pitts special appeared at about 10 O'clock position, 20 ft or so above our altitude, and about 1/4 mi away. I could read the n-number, but I've forgotten it. The aircraft was heading roughly towards san jose, and appeared to be in a slight right bank. Just as I saw it, it apparently saw us and started a left bank away. I couldn't tell if it climbed. I reached out and pulled the throttle to idle, then said 'my controls,' and pushed the yoke forward quickly. My student let go and started looking out his window through the bottom of his foggles and we dropped about 150-200 ft almost instantly. He never saw it. The pitts flashed by just in front of us as we were diving to evade. I looked out my side window and just caught a glimpse of it before it went into our wing then I started looking desperately for the other one, since ATC had reported 2 targets. I never saw it. I let go of the controls and my student started climbing back to altitude. The main factor in this incident was the poor visibility. It was VMC, barely, but I just couldn't see the traffic until it was almost too late. If he had been on a collision course, we would all be history. Contributing to this was the fact that he was at an incorrect altitude for VFR flying. In addition, we were well within the san francisco mode C veil, so he should have had a mode C transponder. Yes, I should have been looking out more, but IFR training generates a lot of workload for the instructor, requiring him to look inside a lot. The area around sunol intersection and the livermore valley in general is very busy. It's outside the san francisco class B, the san jose and oakland class C's and above the livermore class D and everybody uses it as a way to get from the central valley to the bay area, and vice versa, because of the mountains stretching north and south of the area. It is important to keep vigilant and stay on altitude through there. The problem is, most planes are either still climbing off of one of the airports, or starting to descend. Pilots are running checklists, preparing approach plates, and getting ATIS, ATC is busy with everybody calling up to get into san jose or oakland, and there's no radar at livermore. I don't know how to fix it, but maybe a poster listing all the numbers of planes going through might shake a few people up and make them keep a better eye out.

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Original NASA ASRS Text

Title: IFR TRAINING FLC INSTRUCTOR TOOK CTLS FROM TRAINEE TO TAKE EVASIVE ACTION FROM ANOTHER SMA AT SAME ALT. BOTH PLTS WERE DISTRACTED WITH COCKPIT TASKS LEADING TO LAST SECOND ACTIONS RESULTING FROM ATC TFC EXCHANGE.

Narrative: I AND MY STUDENT HAD JUST LEVELED OFF AT 5000 FT MSL AT THE BEGINNING OF AN INST TRAINING FLT. WE HAD DEPARTED SAN JOSE INTL UNDER IFR AND HAD BEEN CLRED TO INTERCEPT THE SJC VOR 009 DEG RADIAL AND FOLLOW IT TO SUNOL INTXN AFTER SOME RADAR VECTORS AFTER DEPARTING SAN JOSE. BAY APCH HAD CALLED SEVERAL TARGETS TO US AS WE NEARED LIVERMORE, BUT VISIBILITY WAS POOR AND I WAS UNABLE TO SEE MOST OF THEM. MY STUDENT WAS UNDER THE HOOD. RPTED VISIBILITY AT SAN JOSE WAS 7 MI, 6 MI AT LIVERMORE, AND 2 MI AT STOCKTON, ALL IN HAZE. AS WE NEARED SUNOL, MY STUDENT WAS BUSY SETTING UP TO INTERCEPT THE ECA VOR RADIAL TO CONTINUE THE SUNOL 5 DEP. BAY SUDDENLY CALLED, '(OUR CALL SIGN), TFC 9 O'CLOCK POS, 1 MI, 2 TARGETS, ALT UNKNOWN.' I IMMEDIATELY STARTED LOOKING BUT COULDN'T SEE ANYTHING. AFTER A FEW SECONDS, MY STUDENT, WHO WAS WORKING THE RADIOS, AUTOMATICALLY ANSWERED WITH 'SEARCHING FOR TFC.' EITHER I SAID 'I GOT IT,' WHICH HE RPTED, OR I SAID NOTHING AND HE ACKNOWLEDGED THE CALL AND SAID 'SEARCHING.' ABOUT 5 SECONDS AFTER THE ATC CALL AND WHILE MY STUDENT WAS CALLING BACK, A PITTS SPECIAL APPEARED AT ABOUT 10 O'CLOCK POS, 20 FT OR SO ABOVE OUR ALT, AND ABOUT 1/4 MI AWAY. I COULD READ THE N-NUMBER, BUT I'VE FORGOTTEN IT. THE ACFT WAS HEADING ROUGHLY TOWARDS SAN JOSE, AND APPEARED TO BE IN A SLIGHT R BANK. JUST AS I SAW IT, IT APPARENTLY SAW US AND STARTED A L BANK AWAY. I COULDN'T TELL IF IT CLBED. I REACHED OUT AND PULLED THE THROTTLE TO IDLE, THEN SAID 'MY CTLS,' AND PUSHED THE YOKE FORWARD QUICKLY. MY STUDENT LET GO AND STARTED LOOKING OUT HIS WINDOW THROUGH THE BOTTOM OF HIS FOGGLES AND WE DROPPED ABOUT 150-200 FT ALMOST INSTANTLY. HE NEVER SAW IT. THE PITTS FLASHED BY JUST IN FRONT OF US AS WE WERE DIVING TO EVADE. I LOOKED OUT MY SIDE WINDOW AND JUST CAUGHT A GLIMPSE OF IT BEFORE IT WENT INTO OUR WING THEN I STARTED LOOKING DESPERATELY FOR THE OTHER ONE, SINCE ATC HAD RPTED 2 TARGETS. I NEVER SAW IT. I LET GO OF THE CTLS AND MY STUDENT STARTED CLBING BACK TO ALT. THE MAIN FACTOR IN THIS INCIDENT WAS THE POOR VISIBILITY. IT WAS VMC, BARELY, BUT I JUST COULDN'T SEE THE TFC UNTIL IT WAS ALMOST TOO LATE. IF HE HAD BEEN ON A COLLISION COURSE, WE WOULD ALL BE HISTORY. CONTRIBUTING TO THIS WAS THE FACT THAT HE WAS AT AN INCORRECT ALT FOR VFR FLYING. IN ADDITION, WE WERE WELL WITHIN THE SAN FRANCISCO MODE C VEIL, SO HE SHOULD HAVE HAD A MODE C XPONDER. YES, I SHOULD HAVE BEEN LOOKING OUT MORE, BUT IFR TRAINING GENERATES A LOT OF WORKLOAD FOR THE INSTRUCTOR, REQUIRING HIM TO LOOK INSIDE A LOT. THE AREA AROUND SUNOL INTXN AND THE LIVERMORE VALLEY IN GENERAL IS VERY BUSY. IT'S OUTSIDE THE SAN FRANCISCO CLASS B, THE SAN JOSE AND OAKLAND CLASS C'S AND ABOVE THE LIVERMORE CLASS D AND EVERYBODY USES IT AS A WAY TO GET FROM THE CENTRAL VALLEY TO THE BAY AREA, AND VICE VERSA, BECAUSE OF THE MOUNTAINS STRETCHING N AND S OF THE AREA. IT IS IMPORTANT TO KEEP VIGILANT AND STAY ON ALT THROUGH THERE. THE PROB IS, MOST PLANES ARE EITHER STILL CLBING OFF OF ONE OF THE ARPTS, OR STARTING TO DSND. PLTS ARE RUNNING CHKLISTS, PREPARING APCH PLATES, AND GETTING ATIS, ATC IS BUSY WITH EVERYBODY CALLING UP TO GET INTO SAN JOSE OR OAKLAND, AND THERE'S NO RADAR AT LIVERMORE. I DON'T KNOW HOW TO FIX IT, BUT MAYBE A POSTER LISTING ALL THE NUMBERS OF PLANES GOING THROUGH MIGHT SHAKE A FEW PEOPLE UP AND MAKE THEM KEEP A BETTER EYE OUT.

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.