Near midair collision between a VFR C310 at 12500 ft and a descending IFR learjet near EMI, md.

Attributes
ACN	594539
Time
Date	200309
Day	Sat
Local Time Of Day	1201 To 1800
Place
Locale Reference	navaid : emi.vortac
State Reference	MD
Altitude	msl single value : 12500
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : pct.tracon
Operator	general aviation : corporate
Make Model Name	Cessna 310/T310C
Operating Under FAR Part	Part 91
Flight Phase	cruise : level
Flight Plan	VFR
Aircraft 2
Controlling Facilities	tracon : pct.tracon
Make Model Name	Gates Learjet Corp Undifferentiated or Other Model
Flight Phase	cruise : level
Person 1
Affiliation	company : corporate
Function	flight crew : single pilot
Qualification	pilot : multi engine pilot : instrument pilot : cfi pilot : atp
Experience	flight time last 90 days : 100 flight time total : 12200 flight time type : 1000
ASRS Report	594539
Events
Anomaly	conflict : nmac non adherence : required legal separation non adherence : far
Independent Detector	atc equipment other atc equipment : radar other controllera other flight crewa
Resolutory Action	controller : issued advisory flight crew : took evasive action
Miss Distance	horizontal : 0 vertical : 300
Supplementary
Problem Areas	Airspace Structure Flight Crew Human Performance Aircraft ATC Human Performance
Primary Problem	Ambiguous

Narrative:

Filed an IFR flight plan philly 6 departure. Dupont D to 2IO (martinsburg, ky) 8000 ft. When I called clearance delivery for clearance they had no flight plan, but said I could leave VFR and they would handle me on departure control, which I elected to do. Then I was handed off to baltimore approach and (I think) they had my flight plan, but said if I stayed VFR I could go direct and that they would handle me so I did that and had to climb to 12500 ft to stay good VFR. They pointed out several airliners off to my 10-11 O'clock position, descending to 11000 ft, I heard the controller clear a learjet to 11000 ft, then a couple mins later he told the lear to level off then the lear came back and said that he was at 12700 ft then the controller gave me traffic at 12 O'clock position. I looked and saw the lear at 12 O'clock position, and getting larger fast at my altitude, so I pulled up fast and the lear went right under me (I guess). The rest of the flight was uneventful with flight following.

Original NASA ASRS Text

Title: NMAC BTWN A VFR C310 AT 12500 FT AND A DSNDING IFR LEARJET NEAR EMI, MD.

Narrative: FILED AN IFR FLT PLAN PHILLY 6 DEP. DUPONT D TO 2IO (MARTINSBURG, KY) 8000 FT. WHEN I CALLED CLRNC DELIVERY FOR CLRNC THEY HAD NO FLT PLAN, BUT SAID I COULD LEAVE VFR AND THEY WOULD HANDLE ME ON DEP CTL, WHICH I ELECTED TO DO. THEN I WAS HANDED OFF TO BALTIMORE APCH AND (I THINK) THEY HAD MY FLT PLAN, BUT SAID IF I STAYED VFR I COULD GO DIRECT AND THAT THEY WOULD HANDLE ME SO I DID THAT AND HAD TO CLB TO 12500 FT TO STAY GOOD VFR. THEY POINTED OUT SEVERAL AIRLINERS OFF TO MY 10-11 O'CLOCK POS, DSNDING TO 11000 FT, I HEARD THE CTLR CLR A LEARJET TO 11000 FT, THEN A COUPLE MINS LATER HE TOLD THE LEAR TO LEVEL OFF THEN THE LEAR CAME BACK AND SAID THAT HE WAS AT 12700 FT THEN THE CTLR GAVE ME TFC AT 12 O'CLOCK POS. I LOOKED AND SAW THE LEAR AT 12 O'CLOCK POS, AND GETTING LARGER FAST AT MY ALT, SO I PULLED UP FAST AND THE LEAR WENT RIGHT UNDER ME (I GUESS). THE REST OF THE FLT WAS UNEVENTFUL WITH FLT FOLLOWING.

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.