A C172 on an IFR training flight on V1 to jfk VOR is advised of traffic at 12 O'clock, opposite dire...

Attributes
ACN	428022
Time
Date	199902
Day	Wed
Local Time Of Day	1201 To 1800
Place
Locale Reference	navaid : jfk.vor
State Reference	NY
Altitude	msl single value : 5000
Environment
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : n90.tracon
Operator	general aviation : instructional
Make Model Name	Skyhawk 172/Cutlass 172
Navigation In Use	other vortac
Flight Phase	cruise : level
Route In Use	enroute airway : v1.airway
Flight Plan	IFR
Aircraft 2
Controlling Facilities	tracon : n90.tracon
Flight Phase	cruise : level
Person 1
Affiliation	other
Function	instruction : trainee
Qualification	pilot : private pilot : instrument
Experience	flight time last 90 days : 75 flight time total : 260 flight time type : 240
ASRS Report	428022
Person 2
Function	observation : passenger
Qualification	pilot : instrument
Experience	flight time total : 200
Events
Anomaly	conflict : nmac
Independent Detector	other controllera other flight crewa
Resolutory Action	controller : separated traffic controller : issued advisory flight crew : took evasive action
Miss Distance	horizontal : 100 vertical : 100
Supplementary
Problem Areas	ATC Human Performance
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Error

Narrative:

While en route from cgs to isp on an IFR flight plan on V1 to jfk at an altitude of 5000 ft MSL, we were advised of traffic at our 12 O'clock position opposite direction at 4800 ft. Immediately after, we were issued a traffic alert and instructed to initiate an immediate climb. Just about that same time I spotted the traffic at our 12 O'clock position and what appeared to be the same altitude. The opposing traffic was no more than +/-100 ft off our altitude of 5000 ft and appeared to pass at less than 100 ft from our right wing. This was confirmed by the pilot occupying the right seat, a 200 hour instrument rated pilot. I initiated an immediate turn to the left, and a climb as instructed by ATC. The controller did an excellent job of alerting us of the traffic and issuing evasive action in a timely fashion. However, when we asked the controller if the opposing traffic was talking to him, he said no. He informed us the traffic was talking to the sector we were handed off by 15 mins earlier. The controller followed up by giving us a local phone number to call to find out exactly what happened. My questions are: 1) if the traffic was IFR or VFR? 2) why was it not adhering to the proper cruising altitude? IFR -- the aircraft should have been at an even altitude on its southwest heading. VFR -- the aircraft should have been at an even altitude +500 ft. 3) why was the aircraft allowed to stray from its properly assigned altitude while in class B airspace? 4) why were 2 aircraft in the same airspace (sector) talking to 2 different controllers?

Original NASA ASRS Text

Title: A C172 ON AN IFR TRAINING FLT ON V1 TO JFK VOR IS ADVISED OF TFC AT 12 O'CLOCK, OPPOSITE DIRECTION AT 4800 FT. THEY ARE AT 5000 FT AND INSTRUCTED TO CLB IMMEDIATELY. TFC PASSES 100 FT BELOW AND 100 FT HORIZLY.

Narrative: WHILE ENRTE FROM CGS TO ISP ON AN IFR FLT PLAN ON V1 TO JFK AT AN ALT OF 5000 FT MSL, WE WERE ADVISED OF TFC AT OUR 12 O'CLOCK POS OPPOSITE DIRECTION AT 4800 FT. IMMEDIATELY AFTER, WE WERE ISSUED A TFC ALERT AND INSTRUCTED TO INITIATE AN IMMEDIATE CLB. JUST ABOUT THAT SAME TIME I SPOTTED THE TFC AT OUR 12 O'CLOCK POS AND WHAT APPEARED TO BE THE SAME ALT. THE OPPOSING TFC WAS NO MORE THAN +/-100 FT OFF OUR ALT OF 5000 FT AND APPEARED TO PASS AT LESS THAN 100 FT FROM OUR R WING. THIS WAS CONFIRMED BY THE PLT OCCUPYING THE R SEAT, A 200 HR INST RATED PLT. I INITIATED AN IMMEDIATE TURN TO THE L, AND A CLB AS INSTRUCTED BY ATC. THE CTLR DID AN EXCELLENT JOB OF ALERTING US OF THE TFC AND ISSUING EVASIVE ACTION IN A TIMELY FASHION. HOWEVER, WHEN WE ASKED THE CTLR IF THE OPPOSING TFC WAS TALKING TO HIM, HE SAID NO. HE INFORMED US THE TFC WAS TALKING TO THE SECTOR WE WERE HANDED OFF BY 15 MINS EARLIER. THE CTLR FOLLOWED UP BY GIVING US A LCL PHONE NUMBER TO CALL TO FIND OUT EXACTLY WHAT HAPPENED. MY QUESTIONS ARE: 1) IF THE TFC WAS IFR OR VFR? 2) WHY WAS IT NOT ADHERING TO THE PROPER CRUISING ALT? IFR -- THE ACFT SHOULD HAVE BEEN AT AN EVEN ALT ON ITS SW HDG. VFR -- THE ACFT SHOULD HAVE BEEN AT AN EVEN ALT +500 FT. 3) WHY WAS THE ACFT ALLOWED TO STRAY FROM ITS PROPERLY ASSIGNED ALT WHILE IN CLASS B AIRSPACE? 4) WHY WERE 2 ACFT IN THE SAME AIRSPACE (SECTOR) TALKING TO 2 DIFFERENT CTLRS?

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.

A C172 on an IFR training flight on V1 to jfk VOR is advised of traffic at 12 O'clock, opposite direction at 4800 ft. They are at 5000 ft and instructed to climb immediately. Traffic passes 100 ft below and 100 ft horizontally.