This is an excerpt from a report made to the Aviation Safety Reporting System. The narrative is written by the pilot, rather than FAA or NTSB officials. To maintain anonymity, many details, such as aircraft model or airport, are often scrubbed from the reports.
I was in level cruise at 11,000 feet in clear VMC flying on an IFR flight, following the filed airway on autopilot. I was on with ZZZ2 approach, the normal facility that handles this patch of airspace, and had received proper IFR advisories regarding other aircraft. My aircraft has an advanced glass panel with ADS-B In traffic information which I monitor as part of my scan — particularly when using the autopilot to reduce physical workload.
Suddenly, I saw a traffic alert pop up on my avionics and it showed an aircraft at the same altitude, or within about 100 feet, very close to my location and approaching from behind with approximately a 30 knot overtake. The speed and the 000000 identifier confirmed that it was not an ADS-B “ghost” and I became alarmed. I asked approach if they saw the airplane and I looked over my right shoulder, out the rear window to see a low wing, single engine airplane that I estimated was about the size of a BE36 or PA46 bearing down on me at high speed and a similar altitude.
ZZZ2 said they had just seen the ADS-B target pop up and didn’t know who it was and weren’t talking to them. The aircraft was so close and approaching so fast that I immediately disconnected the autopilot and put my airplane into a rapid descent to avoid. The aircraft passed very close, but I was luckily below it by that time.
ZZZ2 switched me to ZZZ3 Center and I also reported the same issue. The facilities had the aircraft on radar and ADS-B, but could not identify who they were.
I found the target on a flight tracker app and was able to get the ICAO 24 Bit code, which identified the aircraft as a T34C (Ironically, a modified military trainer version of the aircraft I was flying).
Not only was I affected, but other IFR and VFR aircraft had to contend with this unsafe behavior as well. The aircraft flew along its merry way at primarily an IFR altitude, not talking to literally anyone. This was unsafe and improper.
I have no idea if the folks flying that airplane saw me, but I sure knew I didn’t want to find out and had to take immediate emergency action to avoid. There is simply no reason for military trainers to be off frequency, even VFR, for any reason. There is even less reason for them to violate regs and fly IFR altitudes while not flying under IFR.
Primary Problem: Procedure
ACN: 1792222
Do you have a videotape of the incursion?
The other plane, presumably under VFR should have been following Hemispheric Rule § 91.159 VFR cruising altitude or flight level.
Assuming both planes had properly calibrated and set altimeters – VFR flight of the other plane should have provided at least 500’ separation from the author of the NASA report flying at 11000’ on an IFR flight plan.
I’m just glad the IFR pilot saw it and reacted quickly, good job.
Sounds like he was vfr, talking with no one, at ifr altitudes. THAT is what was being done that was unsafe.
Great job. Pilot – In – Command acted unilaterally and saved lives and property. Well done, well done.
Non action waiting for an ATC solution would have been a disaster.
What was unsafe about the other aircrafts operation?
Flying in IFR conditions?
As far as I know there are no requirements for communicating with ATC unless you are IFR.
My rule is , when ATC tells me of an approaching aircraft, I start looking everywhere else. Because they will vector me out of the way for that plane but there maybe others out there they don’t see.
At the very least, the other aircraft was not at a proper VFR altitude.
I’m not sure about your rule. ATC doesn’t provide separation services to aircraft flying VFR in Class E airspace. I always look for planes that ATC tells me to look for.
Hemispheric Rule § 91.159 VFR cruising altitude or flight level.