Narrative:

We were on an IFR flight plan from charleston, sc, to titusville, fl. While flying our assigned altitude of 4000 ft on V3, dab approach said 'aztec XXX, if you don't have the traffic in sight, make an immediate left turn.' I started a left turn and confirmed the call was for seminole YYY. At this point, we were popping in and out of clouds with very little contact with the ground. Definite IMC conditions. About a second later, the other aircraft appeared no more than 100 ft in front of us as it popped out of a cloud. The other pilot and I both instinctively grabbed the controls and pushed hard left and down. It passed no more than 50 ft above us slightly to our right. I asked approach for his tail numbers, but it turns out he was VFR. We were skirting the upper end of dab's class C, so I assume the other aircraft simply wanted to avoid talking to them, hence climbing slightly above. Approach apologized for the late call, saying that the other plane was not a secondary target till the last min, or that he wasn't picking up his mode C until the last min. The decision of the other plane to climb into IMC to avoid radio communication was foolish and almost got both of us killed. We observed the other aircraft, a light twin, was white with green and gold stripes. Supplemental information from acn 392520: at the same time we came through a cloud, checked for traffic, the other aircraft came out of a cloud, we pushed down and banked greater than 30 degrees to miss traffic. Approach advised us that the target just recently appeared on his scope, and had no information about that aircraft.

Google
 

Original NASA ASRS Text

Title: PA44 FLC TOOK EVASIVE ACTION TURNS DSCNT TO AVOID A C310, NOT UNDER DAB TRACON CTL. CTLR ISSUED A TFC ALERT IMMEDIATE TURN WHEN THE UNIDENTED TARGET WAS OBSERVED IN THE IMMEDIATE VICINITY OF THE PA44.

Narrative: WE WERE ON AN IFR FLT PLAN FROM CHARLESTON, SC, TO TITUSVILLE, FL. WHILE FLYING OUR ASSIGNED ALT OF 4000 FT ON V3, DAB APCH SAID 'AZTEC XXX, IF YOU DON'T HAVE THE TFC IN SIGHT, MAKE AN IMMEDIATE L TURN.' I STARTED A L TURN AND CONFIRMED THE CALL WAS FOR SEMINOLE YYY. AT THIS POINT, WE WERE POPPING IN AND OUT OF CLOUDS WITH VERY LITTLE CONTACT WITH THE GND. DEFINITE IMC CONDITIONS. ABOUT A SECOND LATER, THE OTHER ACFT APPEARED NO MORE THAN 100 FT IN FRONT OF US AS IT POPPED OUT OF A CLOUD. THE OTHER PLT AND I BOTH INSTINCTIVELY GRABBED THE CTLS AND PUSHED HARD L AND DOWN. IT PASSED NO MORE THAN 50 FT ABOVE US SLIGHTLY TO OUR R. I ASKED APCH FOR HIS TAIL NUMBERS, BUT IT TURNS OUT HE WAS VFR. WE WERE SKIRTING THE UPPER END OF DAB'S CLASS C, SO I ASSUME THE OTHER ACFT SIMPLY WANTED TO AVOID TALKING TO THEM, HENCE CLBING SLIGHTLY ABOVE. APCH APOLOGIZED FOR THE LATE CALL, SAYING THAT THE OTHER PLANE WAS NOT A SECONDARY TARGET TILL THE LAST MIN, OR THAT HE WASN'T PICKING UP HIS MODE C UNTIL THE LAST MIN. THE DECISION OF THE OTHER PLANE TO CLB INTO IMC TO AVOID RADIO COM WAS FOOLISH AND ALMOST GOT BOTH OF US KILLED. WE OBSERVED THE OTHER ACFT, A LIGHT TWIN, WAS WHITE WITH GREEN AND GOLD STRIPES. SUPPLEMENTAL INFO FROM ACN 392520: AT THE SAME TIME WE CAME THROUGH A CLOUD, CHKED FOR TFC, THE OTHER ACFT CAME OUT OF A CLOUD, WE PUSHED DOWN AND BANKED GREATER THAN 30 DEGS TO MISS TFC. APCH ADVISED US THAT THE TARGET JUST RECENTLY APPEARED ON HIS SCOPE, AND HAD NO INFO ABOUT THAT ACFT.

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.