Narrative:

Flight was operating on an IFR flight plan, working ZMA on frequency 133.15. We had been cruising at 7000' and had requested and received clearance to 8000'. As we were passing 7400' I suddenly caught sight of an small transport Y twin engine airplane at our 3 O'clock position, heading directly toward us although slightly above us. From the angle of the sighting, it was apparent that he would miss us. The airplane was visible for approximately 3 seconds before it passed slightly above and behind us. I immediately notified ZMA that we had just experienced a near miss. The controller verified it and said that they just received his mode C which showed him at 7700'. He further stated that he thought it may be an aircraft which had requested VFR flight following but had not been provided that service due to heavy IFR workload. Just then the small transport Y reported to center that he was the aircraft and that he had had the small transport X in sight. The controller then assigned him a code (transponder) and a communication frequency. The controller asked me if I wanted to take the incident further. I declined the offer but stated that I would like for the pilot of the small transport Y to recite to me the VFR cloud sep criteria. He had appeared out of a sizeable area of fair WX type billowing cumulus formations. I stated that I had doubts as to whether the small transport Y was adhering to required cloud sep criteria. We had been in and out of clouds under our IFR clearance for some time. We were operating with 2 operations anti collision lights, strobe lights on wing tips and tail and navigation lights on. I do not believe that our passenger saw the aircraft nor have any idea of the incident.

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Original NASA ASRS Text

Title: NMAC BETWEEN ACR-SMT AND UNK-SMT.

Narrative: FLT WAS OPERATING ON AN IFR FLT PLAN, WORKING ZMA ON FREQ 133.15. WE HAD BEEN CRUISING AT 7000' AND HAD REQUESTED AND RECEIVED CLRNC TO 8000'. AS WE WERE PASSING 7400' I SUDDENLY CAUGHT SIGHT OF AN SMT Y TWIN ENG AIRPLANE AT OUR 3 O'CLOCK POS, HDG DIRECTLY TOWARD US ALTHOUGH SLIGHTLY ABOVE US. FROM THE ANGLE OF THE SIGHTING, IT WAS APPARENT THAT HE WOULD MISS US. THE AIRPLANE WAS VISIBLE FOR APPROX 3 SECS BEFORE IT PASSED SLIGHTLY ABOVE AND BEHIND US. I IMMEDIATELY NOTIFIED ZMA THAT WE HAD JUST EXPERIENCED A NEAR MISS. THE CTLR VERIFIED IT AND SAID THAT THEY JUST RECEIVED HIS MODE C WHICH SHOWED HIM AT 7700'. HE FURTHER STATED THAT HE THOUGHT IT MAY BE AN ACFT WHICH HAD REQUESTED VFR FLT FOLLOWING BUT HAD NOT BEEN PROVIDED THAT SVC DUE TO HVY IFR WORKLOAD. JUST THEN THE SMT Y RPTED TO CENTER THAT HE WAS THE ACFT AND THAT HE HAD HAD THE SMT X IN SIGHT. THE CTLR THEN ASSIGNED HIM A CODE (TRANSPONDER) AND A COM FREQ. THE CTLR ASKED ME IF I WANTED TO TAKE THE INCIDENT FURTHER. I DECLINED THE OFFER BUT STATED THAT I WOULD LIKE FOR THE PLT OF THE SMT Y TO RECITE TO ME THE VFR CLOUD SEP CRITERIA. HE HAD APPEARED OUT OF A SIZEABLE AREA OF FAIR WX TYPE BILLOWING CUMULUS FORMATIONS. I STATED THAT I HAD DOUBTS AS TO WHETHER THE SMT Y WAS ADHERING TO REQUIRED CLOUD SEP CRITERIA. WE HAD BEEN IN AND OUT OF CLOUDS UNDER OUR IFR CLRNC FOR SOME TIME. WE WERE OPERATING WITH 2 OPS ANTI COLLISION LIGHTS, STROBE LIGHTS ON WING TIPS AND TAIL AND NAV LIGHTS ON. I DO NOT BELIEVE THAT OUR PAX SAW THE ACFT NOR HAVE ANY IDEA OF THE INCIDENT.

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.