Narrative:

Cleared for ILS 17 at myr on localizer and intercepting G/south at 3000' first officer flying, myr approach called out VFR traffic to our left and below us. I replied 'no contact' since we were in and out of clouds with poor visibility due to clouds and haze. I asked the controllers to confirm the traffic was VFR since I could see no way an aircraft could maintain legal VFR above 2000' in our location (I had just asked approach for an ILS rather than a visual due to poor conditions). The controller then said it appeared the VFR aircraft was climbing and at 3000' 1/2 mi in front of us. Since we were also at 3000' I took the controls, pulled up and turned right just as I saw an small aircraft go by the left side of the aircraft at our altitude. I feel without evasive action a collision may have occurred. The small aircraft obviously was not staying in VFR conditions. Fortunately he had an encoding transponder and the controller was able to give us an accurate position and altitude. All aircraft should have encoding transponders.

Google
 

Original NASA ASRS Text

Title: NMAC BETWEEN ACR MLG AND GA SMA APPARENTLY VFR IN IMC.

Narrative: CLRED FOR ILS 17 AT MYR ON LOC AND INTERCEPTING G/S AT 3000' F/O FLYING, MYR APCH CALLED OUT VFR TFC TO OUR LEFT AND BELOW US. I REPLIED 'NO CONTACT' SINCE WE WERE IN AND OUT OF CLOUDS WITH POOR VISIBILITY DUE TO CLOUDS AND HAZE. I ASKED THE CTLRS TO CONFIRM THE TFC WAS VFR SINCE I COULD SEE NO WAY AN ACFT COULD MAINTAIN LEGAL VFR ABOVE 2000' IN OUR LOCATION (I HAD JUST ASKED APCH FOR AN ILS RATHER THAN A VISUAL DUE TO POOR CONDITIONS). THE CTLR THEN SAID IT APPEARED THE VFR ACFT WAS CLBING AND AT 3000' 1/2 MI IN FRONT OF US. SINCE WE WERE ALSO AT 3000' I TOOK THE CONTROLS, PULLED UP AND TURNED RIGHT JUST AS I SAW AN SMA GO BY THE LEFT SIDE OF THE ACFT AT OUR ALT. I FEEL WITHOUT EVASIVE ACTION A COLLISION MAY HAVE OCCURRED. THE SMA OBVIOUSLY WAS NOT STAYING IN VFR CONDITIONS. FORTUNATELY HE HAD AN ENCODING TRANSPONDER AND THE CTLR WAS ABLE TO GIVE US AN ACCURATE POS AND ALT. ALL ACFT SHOULD HAVE ENCODING TRANSPONDERS.

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