Possible near midair collision between a circling climbing PA28 and a departure rj at 4000 ft, 16 no...

Attributes
ACN	594867
Time
Date	200309
Day	Mon
Local Time Of Day	1201 To 1800
Place
Locale Reference	airport : 08a.airport
State Reference	AL
Altitude	msl single value : 4000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : mgm.tracon
Operator	general aviation : personal
Make Model Name	PA-28 Cherokee/Archer II/Dakota/Pillan/Warrior
Operating Under FAR Part	Part 91
Navigation In Use	other
Flight Phase	climbout : intermediate altitude
Flight Plan	VFR
Aircraft 2
Controlling Facilities	tracon : mgm.tracon
Operator	common carrier : air carrier
Make Model Name	Regional Jet CL65, Undifferentiated or Other Model
Operating Under FAR Part	Part 121
Navigation In Use	other
Flight Phase	descent : intermediate altitude
Flight Plan	IFR
Person 1
Affiliation	other
Function	flight crew : single pilot
Qualification	pilot : private pilot : instrument pilot : commercial pilot : multi engine
Experience	flight time last 90 days : 80 flight time total : 1000 flight time type : 175
ASRS Report	594867
Person 2
Function	observation : passenger
Events
Anomaly	conflict : airborne critical non adherence : far other anomaly other
Independent Detector	aircraft equipment : tcas other controllera other flight crewa
Resolutory Action	flight crew : took evasive action none taken : insufficient time none taken : unable
Consequence	faa : reviewed incident with flight crew
Miss Distance	horizontal : 1000 vertical : 200
Supplementary
Problem Areas	Flight Crew Human Performance Environmental Factor Airspace Structure
Primary Problem	Environmental Factor

Narrative:

VFR flight following with montgomery approach. Leisure flight over city/aerial photography. Safety pilot in right seat. No assigned altitude restr. No radio contact in last 30 mins of flight. Began climb from 3000 ft to 4000 ft. Heard controller call my call sign. He was agitated and said he tried to call 3 times. I evidently missed the first 2 and tried to call him twice after the call. I heard and finally he returned my call. Regional flight painted area on TCASII and descended/turned to avoid. I was flying 90 degrees to his path in a climb and did not see the flight. Safety question: shouldn't the controller continue positive control with an aircraft operating IFR and determine VFR radio contact issue after an incident is prevented and traffic is separated?

Original NASA ASRS Text

Title: POSSIBLE NMAC BTWN A CIRCLING CLBING PA28 AND A DEP RJ AT 4000 FT, 16 N OF MGM, AL.

Narrative: VFR FLT FOLLOWING WITH MONTGOMERY APCH. LEISURE FLT OVER CITY/AERIAL PHOTOGRAPHY. SAFETY PLT IN R SEAT. NO ASSIGNED ALT RESTR. NO RADIO CONTACT IN LAST 30 MINS OF FLT. BEGAN CLB FROM 3000 FT TO 4000 FT. HEARD CTLR CALL MY CALL SIGN. HE WAS AGITATED AND SAID HE TRIED TO CALL 3 TIMES. I EVIDENTLY MISSED THE FIRST 2 AND TRIED TO CALL HIM TWICE AFTER THE CALL. I HEARD AND FINALLY HE RETURNED MY CALL. REGIONAL FLT PAINTED AREA ON TCASII AND DSNDED/TURNED TO AVOID. I WAS FLYING 90 DEGS TO HIS PATH IN A CLB AND DID NOT SEE THE FLT. SAFETY QUESTION: SHOULDN'T THE CTLR CONTINUE POSITIVE CTL WITH AN ACFT OPERATING IFR AND DETERMINE VFR RADIO CONTACT ISSUE AFTER AN INCIDENT IS PREVENTED AND TFC IS SEPARATED?

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.

Possible near midair collision between a circling climbing PA28 and a departure rj at 4000 ft, 16 north of mgm, al.