Narrative:

We were departing mco on runway 36R for the mccoy 5 departure. The WX at the time was IFR with moderate to heavy rainshowers in the area. After departing on runway heading and climbing through about 2800 ft on our way to 5000 ft, the controller asked us to level at 3000 ft because of traffic. The captain, who was the PF, immediately started the leveloff. We got up to about 3200 ft and leveled off at 3000 ft. At about the same time we got an RA for traffic at about our 1 O'clock position. The captain started a descent down to 2000 ft. We broke out of the clouds for a short tim and saw what appeared to be a DC3 cutting across our departure path from mco. He was going from east to west at about 3000 ft. We passed beneath and behind the aircraft. It appears that this aircraft somehow got into the mco TCA without talking to the proper controllers. Supplemental information from acn 415223: we got traffic (DC3) visually at our altitude and less than 1/2 mi. ATC informed us that they were not controling the DC3 and that he was VFR. ATC said data tapes showed our separation was less than 500 ft and less than .18 mi horizontally. Supplemental information from acn 415411: the flight was from mia to dab to relocate the aircraft due to hurricane. As I went to file an IFR flight plan and check WX, the captain told me that he had checked the WX and because it was good he decided to just go VFR. We took off VFR and encountered MVFR conditions approaching vero beach. We deviated west to avoid IMC. We were handed from center to center while trying to pick an IFR clearance. Because of a rapid succession of frequency changes/handoffs, we were unable to obtain the IFR clearance. To remain VFR, we deviated west and (as we were told later) unknowingly into the orl class B airspace. We saw the orl airport at about 10 mi and then while talking to orl approach we received IFR clearance and vectors on to dab. Upon arrival in dab we were told to call the orl ATC supervisor. The supervisor told the captain that we had entered orl class B airspace without clearance and that a jet reported having to maneuver to avoid us (we never saw the other aircraft). The cause of the incident was due to flying VFR and encountering MVFR conditions while in congested airspace. We were handed off so fast from facility to facility that no agency gave us the IFR clearance (from vrb to mlb to patrick AFB to orl then dab). It seemed that we were a bother and that each facility just tried to brush us off to the next controling agency. To prevent this type of occurrence in the future, several things are needed. A better WX briefing, better help and understanding from the controllers, and better situational awareness on our (the pilots) part would prevent this type of situation from happening in the future.

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Original NASA ASRS Text

Title: A VFR DC3 AT LOW ALT DUE TO WX AND ATTEMPTING TO GET AN IFR CLRNC ENTERS MCO CLASS B AIRSPACE WITHOUT AUTH AND HAS A CONFLICT WITH A DEPARTING B737.

Narrative: WE WERE DEPARTING MCO ON RWY 36R FOR THE MCCOY 5 DEP. THE WX AT THE TIME WAS IFR WITH MODERATE TO HVY RAINSHOWERS IN THE AREA. AFTER DEPARTING ON RWY HDG AND CLBING THROUGH ABOUT 2800 FT ON OUR WAY TO 5000 FT, THE CTLR ASKED US TO LEVEL AT 3000 FT BECAUSE OF TFC. THE CAPT, WHO WAS THE PF, IMMEDIATELY STARTED THE LEVELOFF. WE GOT UP TO ABOUT 3200 FT AND LEVELED OFF AT 3000 FT. AT ABOUT THE SAME TIME WE GOT AN RA FOR TFC AT ABOUT OUR 1 O'CLOCK POS. THE CAPT STARTED A DSCNT DOWN TO 2000 FT. WE BROKE OUT OF THE CLOUDS FOR A SHORT TIM AND SAW WHAT APPEARED TO BE A DC3 CUTTING ACROSS OUR DEP PATH FROM MCO. HE WAS GOING FROM E TO W AT ABOUT 3000 FT. WE PASSED BENEATH AND BEHIND THE ACFT. IT APPEARS THAT THIS ACFT SOMEHOW GOT INTO THE MCO TCA WITHOUT TALKING TO THE PROPER CTLRS. SUPPLEMENTAL INFO FROM ACN 415223: WE GOT TFC (DC3) VISUALLY AT OUR ALT AND LESS THAN 1/2 MI. ATC INFORMED US THAT THEY WERE NOT CTLING THE DC3 AND THAT HE WAS VFR. ATC SAID DATA TAPES SHOWED OUR SEPARATION WAS LESS THAN 500 FT AND LESS THAN .18 MI HORIZLY. SUPPLEMENTAL INFO FROM ACN 415411: THE FLT WAS FROM MIA TO DAB TO RELOCATE THE ACFT DUE TO HURRICANE. AS I WENT TO FILE AN IFR FLT PLAN AND CHK WX, THE CAPT TOLD ME THAT HE HAD CHKED THE WX AND BECAUSE IT WAS GOOD HE DECIDED TO JUST GO VFR. WE TOOK OFF VFR AND ENCOUNTERED MVFR CONDITIONS APCHING VERO BEACH. WE DEVIATED W TO AVOID IMC. WE WERE HANDED FROM CTR TO CTR WHILE TRYING TO PICK AN IFR CLRNC. BECAUSE OF A RAPID SUCCESSION OF FREQ CHANGES/HDOFS, WE WERE UNABLE TO OBTAIN THE IFR CLRNC. TO REMAIN VFR, WE DEVIATED W AND (AS WE WERE TOLD LATER) UNKNOWINGLY INTO THE ORL CLASS B AIRSPACE. WE SAW THE ORL ARPT AT ABOUT 10 MI AND THEN WHILE TALKING TO ORL APCH WE RECEIVED IFR CLRNC AND VECTORS ON TO DAB. UPON ARR IN DAB WE WERE TOLD TO CALL THE ORL ATC SUPVR. THE SUPVR TOLD THE CAPT THAT WE HAD ENTERED ORL CLASS B AIRSPACE WITHOUT CLRNC AND THAT A JET RPTED HAVING TO MANEUVER TO AVOID US (WE NEVER SAW THE OTHER ACFT). THE CAUSE OF THE INCIDENT WAS DUE TO FLYING VFR AND ENCOUNTERING MVFR CONDITIONS WHILE IN CONGESTED AIRSPACE. WE WERE HANDED OFF SO FAST FROM FACILITY TO FACILITY THAT NO AGENCY GAVE US THE IFR CLRNC (FROM VRB TO MLB TO PATRICK AFB TO ORL THEN DAB). IT SEEMED THAT WE WERE A BOTHER AND THAT EACH FACILITY JUST TRIED TO BRUSH US OFF TO THE NEXT CTLING AGENCY. TO PREVENT THIS TYPE OF OCCURRENCE IN THE FUTURE, SEVERAL THINGS ARE NEEDED. A BETTER WX BRIEFING, BETTER HELP AND UNDERSTANDING FROM THE CTLRS, AND BETTER SITUATIONAL AWARENESS ON OUR (THE PLTS) PART WOULD PREVENT THIS TYPE OF SIT FROM HAPPENING IN THE FUTURE.

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.