Narrative:

On an IFR flight plan on a cross country training mission for my instrument rating. We were in VMC at 5000 ft MSL though there were many scattered clouds in the vicinity. I was 'under the hood' simulating instrument conditions while my cfii was acting as the safety pilot from the right seat. We were communicating with orlando approach at the time of the incident. Approach was noticeably busy that afternoon and we had just been given several TA's and had been vectored for traffic previously. I filed to fly on V-152 up to daytona but was; at the time; flying a vector assigned by orlando approach. While level at 5000 ft and cruising at 170 KTS; I happened to look up at exactly the right time. It all happened extremely fast; but a few hundred ft in front of me and maybe 20 ft below me (maybe less) was what appeared to be an older model agricultural CAT (crop duster that had been converted) towing a glider. I immediately took evasive action and pulled into a hard climbing right turn. When we actually passed each other; I would estimate that there were fewer than 100 ft of clearance! After the incident; I spoke on the phone with a manager at orlando control who apologized for not catching the traffic. Orlando confirmed that the plane did not have a working transponder (we did not see him on our TCAS). The manager told me that the controller that was working us had 'looked away briefly' while he was actually trying to vector another aircraft away from us. After I complained on the frequency that we had nearly had an near midair collision; he apparently saw the return on the radar as the manager was able to confirm that the other aircraft passed right off our left side. Obviously the controller never saw (and was never advised) of the potential conflict as the other aircraft was operating without a transponder. Contributing factors must have been the controller's workload. While it is the pilot's responsibility to see and avoid other aircraft while operating in VMC; it is disconcerting to think that you could have an near midair collision; even while operating on an IFR flight plan; especially while on vectors assigned by a controller. Why the other aircraft was operating at 5000 ft that day; I cannot say. He was most likely climbing through our altitude for a higher altitude from which to release the glider in tow. But; as I mentioned earlier; there were plenty of scattered clouds in the area at that altitude. We were in and out of IMC. I don't see how it would have been possible for him to remain VFR. VFR in class east requires that the pilot have 3 mi of visibility; and remain 1000 ft above; 500 ft below; and 2000 ft horizontally from clouds. It seems virtually impossible that VFR could have legally been maintained on that day at that altitude.

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Original NASA ASRS Text

Title: SR22 STUDENT PLT UNDER HOOD AND INSTRUCTOR HAVE NMAC WITH AGRICULTURAL CAT TOWING GLIDER IN MCO'S AIRSPACE.

Narrative: ON AN IFR FLT PLAN ON A XCOUNTRY TRAINING MISSION FOR MY INST RATING. WE WERE IN VMC AT 5000 FT MSL THOUGH THERE WERE MANY SCATTERED CLOUDS IN THE VICINITY. I WAS 'UNDER THE HOOD' SIMULATING INSTRUMENT CONDITIONS WHILE MY CFII WAS ACTING AS THE SAFETY PLT FROM THE R SEAT. WE WERE COMMUNICATING WITH ORLANDO APCH AT THE TIME OF THE INCIDENT. APCH WAS NOTICEABLY BUSY THAT AFTERNOON AND WE HAD JUST BEEN GIVEN SEVERAL TA'S AND HAD BEEN VECTORED FOR TFC PREVIOUSLY. I FILED TO FLY ON V-152 UP TO DAYTONA BUT WAS; AT THE TIME; FLYING A VECTOR ASSIGNED BY ORLANDO APCH. WHILE LEVEL AT 5000 FT AND CRUISING AT 170 KTS; I HAPPENED TO LOOK UP AT EXACTLY THE RIGHT TIME. IT ALL HAPPENED EXTREMELY FAST; BUT A FEW HUNDRED FT IN FRONT OF ME AND MAYBE 20 FT BELOW ME (MAYBE LESS) WAS WHAT APPEARED TO BE AN OLDER MODEL AGRICULTURAL CAT (CROP DUSTER THAT HAD BEEN CONVERTED) TOWING A GLIDER. I IMMEDIATELY TOOK EVASIVE ACTION AND PULLED INTO A HARD CLBING R TURN. WHEN WE ACTUALLY PASSED EACH OTHER; I WOULD ESTIMATE THAT THERE WERE FEWER THAN 100 FT OF CLRNC! AFTER THE INCIDENT; I SPOKE ON THE PHONE WITH A MGR AT ORLANDO CTL WHO APOLOGIZED FOR NOT CATCHING THE TFC. ORLANDO CONFIRMED THAT THE PLANE DID NOT HAVE A WORKING XPONDER (WE DID NOT SEE HIM ON OUR TCAS). THE MGR TOLD ME THAT THE CTLR THAT WAS WORKING US HAD 'LOOKED AWAY BRIEFLY' WHILE HE WAS ACTUALLY TRYING TO VECTOR ANOTHER ACFT AWAY FROM US. AFTER I COMPLAINED ON THE FREQ THAT WE HAD NEARLY HAD AN NMAC; HE APPARENTLY SAW THE RETURN ON THE RADAR AS THE MGR WAS ABLE TO CONFIRM THAT THE OTHER ACFT PASSED RIGHT OFF OUR L SIDE. OBVIOUSLY THE CTLR NEVER SAW (AND WAS NEVER ADVISED) OF THE POTENTIAL CONFLICT AS THE OTHER ACFT WAS OPERATING WITHOUT A XPONDER. CONTRIBUTING FACTORS MUST HAVE BEEN THE CTLR'S WORKLOAD. WHILE IT IS THE PLT'S RESPONSIBILITY TO SEE AND AVOID OTHER ACFT WHILE OPERATING IN VMC; IT IS DISCONCERTING TO THINK THAT YOU COULD HAVE AN NMAC; EVEN WHILE OPERATING ON AN IFR FLT PLAN; ESPECIALLY WHILE ON VECTORS ASSIGNED BY A CTLR. WHY THE OTHER ACFT WAS OPERATING AT 5000 FT THAT DAY; I CANNOT SAY. HE WAS MOST LIKELY CLBING THROUGH OUR ALT FOR A HIGHER ALT FROM WHICH TO RELEASE THE GLIDER IN TOW. BUT; AS I MENTIONED EARLIER; THERE WERE PLENTY OF SCATTERED CLOUDS IN THE AREA AT THAT ALT. WE WERE IN AND OUT OF IMC. I DON'T SEE HOW IT WOULD HAVE BEEN POSSIBLE FOR HIM TO REMAIN VFR. VFR IN CLASS E REQUIRES THAT THE PLT HAVE 3 MI OF VISIBILITY; AND REMAIN 1000 FT ABOVE; 500 FT BELOW; AND 2000 FT HORIZONTALLY FROM CLOUDS. IT SEEMS VIRTUALLY IMPOSSIBLE THAT VFR COULD HAVE LEGALLY BEEN MAINTAINED ON THAT DAY AT THAT ALT.

Data retrieved from NASA's ASRS site as of January 2009 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.