PA28 pilot challenges azo about a D328 near midair collision.

Attributes
ACN	519795
Time
Date	200107
Day	Tue
Local Time Of Day	1201 To 1800
Place
Locale Reference	airport : azo.airport
State Reference	MI
Altitude	msl single value : 7000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : azo.tracon tracon : grr.tracon tower : iah.tower
Operator	general aviation : personal
Make Model Name	PA-28 Cherokee/Archer II/Dakota/Pillan/Warrior
Operating Under FAR Part	Part 91
Flight Phase	cruise : level
Flight Plan	IFR
Aircraft 2
Controlling Facilities	tracon : azo.tracon
Operator	common carrier : air carrier
Make Model Name	Do 328 TP (Turboprop)
Operating Under FAR Part	Part 121
Flight Phase	cruise : level
Flight Plan	IFR
Person 1
Affiliation	other
Function	flight crew : single pilot
Qualification	pilot : cfi pilot : atp
Experience	flight time last 90 days : 100 flight time total : 9600 flight time type : 300
ASRS Report	519795
Person 2
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Events
Anomaly	aircraft equipment problem : critical airspace violation : entry conflict : nmac non adherence : published procedure non adherence : required legal separation
Independent Detector	other controllera other flight crewa
Resolutory Action	flight crew : took precautionary avoidance action
Consequence	faa : reviewed incident with flight crew faa : investigated
Miss Distance	horizontal : 50 vertical : 200
Supplementary
Problem Areas	Airspace Structure Aircraft ATC Human Performance ATC Facility
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Error Inter Facility Coordination Failure

Narrative:

While en route on an IFR clearance from atw via mkg-fwa direct I17, in level flight at 7000 ft MSL, 7 mi west of azo, DO328 approached from the 10 O'clock position in a climb and passed directly over us by 150-200 ft. We had been talking to grr approach and could still hear them. We recognized we were abeam azo and should have been handed off to azo approach. This was when we saw the DO328. We tried to contact grr approach at least 3 times with no response. We looked up azo approach's frequency and contacted them. We advised azo of the near midair collision, our approximately position and asked if they had an IFR strip on us. Azo advised that they did have an IFR strip on us. Subsequent conversation indicated that grr approach had not handed us off to azo approach. We had been having problems with our transponder. Grb had initially reported the transponder inoperative. Grb gave us a new code and advised that the transponder was working. Mkg initially advised they had a problem receiving our transponder then advised they had us. Grr initially advised they were having a problem receiving our transponder. I do not recall if grr ever did receiver our transponder. All through the flight, we were getting a reply light and the identify responded on the transponder. It appears that the grr controller lost track of a non transponder aircraft and failed to hand us off to azo in a timely manner.

Original NASA ASRS Text

Title: PA28 PLT CHALLENGES AZO ABOUT A D328 NMAC.

Narrative: WHILE ENRTE ON AN IFR CLRNC FROM ATW VIA MKG-FWA DIRECT I17, IN LEVEL FLT AT 7000 FT MSL, 7 MI W OF AZO, DO328 APCHED FROM THE 10 O'CLOCK POS IN A CLB AND PASSED DIRECTLY OVER US BY 150-200 FT. WE HAD BEEN TALKING TO GRR APCH AND COULD STILL HEAR THEM. WE RECOGNIZED WE WERE ABEAM AZO AND SHOULD HAVE BEEN HANDED OFF TO AZO APCH. THIS WAS WHEN WE SAW THE DO328. WE TRIED TO CONTACT GRR APCH AT LEAST 3 TIMES WITH NO RESPONSE. WE LOOKED UP AZO APCH'S FREQ AND CONTACTED THEM. WE ADVISED AZO OF THE NMAC, OUR APPROX POS AND ASKED IF THEY HAD AN IFR STRIP ON US. AZO ADVISED THAT THEY DID HAVE AN IFR STRIP ON US. SUBSEQUENT CONVERSATION INDICATED THAT GRR APCH HAD NOT HANDED US OFF TO AZO APCH. WE HAD BEEN HAVING PROBS WITH OUR XPONDER. GRB HAD INITIALLY RPTED THE XPONDER INOP. GRB GAVE US A NEW CODE AND ADVISED THAT THE XPONDER WAS WORKING. MKG INITIALLY ADVISED THEY HAD A PROB RECEIVING OUR XPONDER THEN ADVISED THEY HAD US. GRR INITIALLY ADVISED THEY WERE HAVING A PROB RECEIVING OUR XPONDER. I DO NOT RECALL IF GRR EVER DID RECEIVER OUR XPONDER. ALL THROUGH THE FLT, WE WERE GETTING A REPLY LIGHT AND THE IDENT RESPONDED ON THE XPONDER. IT APPEARS THAT THE GRR CTLR LOST TRACK OF A NON XPONDER ACFT AND FAILED TO HAND US OFF TO AZO IN A TIMELY MANNER.

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.