Medium large transport has conflict with small aircraft that was descending VFR in IMC.

Attributes
ACN	93302
Time
Date	198808
Day	Fri
Local Time Of Day	0601 To 1200
Place
Locale Reference	atc facility : lih
State Reference	HI
Altitude	msl bound lower : 5300 msl bound upper : 5500
Environment
Flight Conditions	IMC
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zhn tower : psp
Operator	common carrier : air carrier
Make Model Name	Medium Large Transport, Low Wing, 2 Turbojet Eng
Flight Phase	descent other
Flight Plan	IFR
Aircraft 2
Operator	common carrier : air taxi
Make Model Name	Small Aircraft, High Wing, 1 Eng, Fixed Gear
Flight Phase	descent other
Flight Plan	VFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 150 flight time total : 13000 flight time type : 5000
ASRS Report	93302
Person 2
Affiliation	company : air taxi
Function	flight crew : single pilot
Qualification	pilot : commercial
Events
Anomaly	conflict : airborne less severe inflight encounter : weather inflight encounter : vfr in imc non adherence : far
Independent Detector	atc equipment other atc equipment : unspecified
Resolutory Action	other
Consequence	Other
Miss Distance	horizontal : 1000 vertical : 300
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

We were flying on an IFR flight plan in VFR conditions above an overcast into lihue airport. ZHN gave us traffic at 12-1 O'clock, 7-8 mi, same direction, on V15 at 6500', our clearance was direct lih VOR (we were between V16 and V15) and descending through 12000', 40 mi east of lih. The traffic was idented as an small aircraft. As we got closer, traffic was also descending, center asked our traffic his altitude, he reported 5700'. Center asked him if he was VFR. No answer. Center repeated requested flight conditions and answer from small aircraft was, 'we just found a hole.' center asked his altitude he said 5300', center requested that we level off at 6000'. We had already passed 6000' and leveled off at 5500'. (We entered clouds at 7000' and were non IMC.) traffic again was given to us at 12-1 O'clock less then a mile. We reported no contact and that we were IFR. Between 20 and 15 mi east of lih, we were now past the traffic and proceeded into lih VFR. We cannot prove that the small aircraft was not VFR, but the concern by center and responses by the small aircraft made us feel that he was not VFR.

Original NASA ASRS Text

Title: MLG HAS CONFLICT WITH SMA THAT WAS DESCENDING VFR IN IMC.

Narrative: WE WERE FLYING ON AN IFR FLT PLAN IN VFR CONDITIONS ABOVE AN OVERCAST INTO LIHUE ARPT. ZHN GAVE US TFC AT 12-1 O'CLOCK, 7-8 MI, SAME DIRECTION, ON V15 AT 6500', OUR CLRNC WAS DIRECT LIH VOR (WE WERE BTWN V16 AND V15) AND DSNDING THROUGH 12000', 40 MI E OF LIH. THE TFC WAS IDENTED AS AN SMA. AS WE GOT CLOSER, TFC WAS ALSO DSNDING, CENTER ASKED OUR TFC HIS ALT, HE RPTED 5700'. CENTER ASKED HIM IF HE WAS VFR. NO ANSWER. CENTER REPEATED REQUESTED FLT CONDITIONS AND ANSWER FROM SMA WAS, 'WE JUST FOUND A HOLE.' CENTER ASKED HIS ALT HE SAID 5300', CENTER REQUESTED THAT WE LEVEL OFF AT 6000'. WE HAD ALREADY PASSED 6000' AND LEVELED OFF AT 5500'. (WE ENTERED CLOUDS AT 7000' AND WERE NON IMC.) TFC AGAIN WAS GIVEN TO US AT 12-1 O'CLOCK LESS THEN A MILE. WE RPTED NO CONTACT AND THAT WE WERE IFR. BTWN 20 AND 15 MI E OF LIH, WE WERE NOW PAST THE TFC AND PROCEEDED INTO LIH VFR. WE CANNOT PROVE THAT THE SMA WAS NOT VFR, BUT THE CONCERN BY CENTER AND RESPONSES BY THE SMA MADE US FEEL THAT HE WAS NOT VFR.

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.