Narrative:

We were descending via IFR clearance to the terminal area for cws. 5 mi south and level at 2800 ft; we experienced a TCAS alert for traffic; followed soon after with a warning to not descend; and then climb. The TCAS information showed traffic pop up at 400 ft at our 12 O'clock position and less than 1 mi away. At the same moment; ATC issued a warning of the same traffic and the controller stated that he was not in contact with this traffic. We climbed following the TCAS 200 ft and cleared the traffic. About 1-2 mins later; we heard an aircraft call ATC for an IFR clearance. Based upon my observation of the WX during this conflict; our traffic was either in the clouds without a clearance; or was less than 200 ft below the bases of the clouds. The WX conditions at the time of this conflict were overcast at 2800 ft to 2400 ft with bases scattered to broken and ragged. We could not have done anything different; and our equipment worked as designed. Our traffic could have gotten an IFR clearance on the ground before departing; or could have remained the minimum distance away from the cloud bases. My observation is that our traffic was operated in a very dangerous manner; and by a careless and reckless pilot.

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Original NASA ASRS Text

Title: CE650 FLT CREW REPORTS TCAS RA WITH UNKNOWN ACFT JUST BELOW AN OVERCAST LAYER AT 2800 FEET.

Narrative: WE WERE DSNDING VIA IFR CLRNC TO THE TERMINAL AREA FOR CWS. 5 MI S AND LEVEL AT 2800 FT; WE EXPERIENCED A TCAS ALERT FOR TFC; FOLLOWED SOON AFTER WITH A WARNING TO NOT DSND; AND THEN CLB. THE TCAS INFO SHOWED TFC POP UP AT 400 FT AT OUR 12 O'CLOCK POS AND LESS THAN 1 MI AWAY. AT THE SAME MOMENT; ATC ISSUED A WARNING OF THE SAME TFC AND THE CTLR STATED THAT HE WAS NOT IN CONTACT WITH THIS TFC. WE CLBED FOLLOWING THE TCAS 200 FT AND CLRED THE TFC. ABOUT 1-2 MINS LATER; WE HEARD AN ACFT CALL ATC FOR AN IFR CLRNC. BASED UPON MY OBSERVATION OF THE WX DURING THIS CONFLICT; OUR TFC WAS EITHER IN THE CLOUDS WITHOUT A CLRNC; OR WAS LESS THAN 200 FT BELOW THE BASES OF THE CLOUDS. THE WX CONDITIONS AT THE TIME OF THIS CONFLICT WERE OVCST AT 2800 FT TO 2400 FT WITH BASES SCATTERED TO BROKEN AND RAGGED. WE COULD NOT HAVE DONE ANYTHING DIFFERENT; AND OUR EQUIP WORKED AS DESIGNED. OUR TFC COULD HAVE GOTTEN AN IFR CLRNC ON THE GND BEFORE DEPARTING; OR COULD HAVE REMAINED THE MINIMUM DISTANCE AWAY FROM THE CLOUD BASES. MY OBSERVATION IS THAT OUR TFC WAS OPERATED IN A VERY DANGEROUS MANNER; AND BY A CARELESS AND RECKLESS PLT.

Data retrieved from NASA's ASRS site as of May 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.