An air taxi pilot dives to avoid NORAC traffic that departed hwd airport VFR and was crossing the ILS runway 27R at oak.

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Attributes
ACN	430313
Time
Date	199902
Day	Wed
Local Time Of Day	0601 To 1200
Place
Locale Reference	navaid : oak.ils
State Reference	CA
Altitude	msl bound lower : 1500 msl bound upper : 2200
Environment
Flight Conditions	Marginal
Weather Elements	other
Light	Daylight
Aircraft 1
Controlling Facilities	tower : oak.tower
Operator	common carrier : air taxi
Make Model Name	Any Unknown or Unlisted Aircraft Manufacturer
Operating Under FAR Part	Part 135
Navigation In Use	ils localizer & glide slope : 27r
Flight Phase	descent : intermediate altitude descent : approach
Route In Use	approach : instrument precision
Flight Plan	IFR
Aircraft 2
Controlling Facilities	tower : hwd.tower
Make Model Name	Any Unknown or Unlisted Aircraft Manufacturer
Navigation In Use	other
Flight Phase	climbout : intermediate altitude
Route In Use	departure : vfr
Flight Plan	VFR
Person 1
Affiliation	company : air taxi
Function	flight crew : single pilot
Qualification	pilot : atp pilot : cfi pilot : multi engine
Experience	flight time last 90 days : 270 flight time total : 17000 flight time type : 7000
ASRS Report	430313
Person 2
Function	flight crew : single pilot
Qualification	pilot : private
Events
Anomaly	airspace violation : entry conflict : nmac non adherence : far non adherence : required legal separation other anomaly other
Independent Detector	atc equipment other atc equipment : radar other controllera other flight crewa
Resolutory Action	controller : issued advisory flight crew : took evasive action
Consequence	faa : reviewed incident with flight crew
Miss Distance	horizontal : 200 vertical : 200
Supplementary
Problem Areas	ATC Human Performance Airspace Structure Environmental Factor
Air Traffic Incident	Pilot Deviation
Situations
ATC Facility	procedure or policy : hwd.tower
Airspace Structure	class c : oak.c class e : zoa.e

Narrative:

While on ILS approach in MVFR to oak (WX 400 ft 1.5 mi) passing abeam hayward airport, VFR traffic off hayward was climbing across my inbound track on ILS. Oak tower called traffic at 900 ft climbing, 10 O'clock. Next call at 1500 ft, 11 O'clock. Then 2000 ft, 12 O'clock. When I was able to see the traffic, I had to execute a descending left turn to avoid a collision. This took me off the ILS, and I had to re-establish my position on the ILS by OM to complete the IFR landing approach. I called both the oak and hayward towers to register the incident. Oak FSDO requested I file an near midair collision report. This was done through oak tower. Aircraft departing hayward, when oak is IFR, should be required to remain clear of the runway 27 ILS. This would have been a midair if not for oak tower's constant TA on this aircraft off of hayward airport.

Original NASA ASRS Text

Title: AN AIR TAXI PLT DIVES TO AVOID NORAC TFC THAT DEPARTED HWD ARPT VFR AND WAS XING THE ILS RWY 27R AT OAK.

Narrative: WHILE ON ILS APCH IN MVFR TO OAK (WX 400 FT 1.5 MI) PASSING ABEAM HAYWARD ARPT, VFR TFC OFF HAYWARD WAS CLBING ACROSS MY INBOUND TRACK ON ILS. OAK TWR CALLED TFC AT 900 FT CLBING, 10 O'CLOCK. NEXT CALL AT 1500 FT, 11 O'CLOCK. THEN 2000 FT, 12 O'CLOCK. WHEN I WAS ABLE TO SEE THE TFC, I HAD TO EXECUTE A DSNDING L TURN TO AVOID A COLLISION. THIS TOOK ME OFF THE ILS, AND I HAD TO RE-ESTABLISH MY POS ON THE ILS BY OM TO COMPLETE THE IFR LNDG APCH. I CALLED BOTH THE OAK AND HAYWARD TWRS TO REGISTER THE INCIDENT. OAK FSDO REQUESTED I FILE AN NMAC RPT. THIS WAS DONE THROUGH OAK TWR. ACFT DEPARTING HAYWARD, WHEN OAK IS IFR, SHOULD BE REQUIRED TO REMAIN CLR OF THE RWY 27 ILS. THIS WOULD HAVE BEEN A MIDAIR IF NOT FOR OAK TWR'S CONSTANT TA ON THIS ACFT OFF OF HAYWARD ARPT.

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.