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.
On an instrument cross-country from ZZZ to SMX, we had just finished a descent from 8,000 feet to 6,000 feet at ATC’s direction as we passed over top of the RZS VOR.
We were advised of traffic 12 o’clock, opposite direction. I can’t recall if ATC said they were talking to the other aircraft or not, but we advised ATC that we were searching.
We saw the other aircraft come up on our transponder at 500 feet below and climbing, and I tagged the aircraft to monitor while continuing a visual scan.
Once the aircraft got within 6 nm, I instructed the student to remove his VLDs (View Limiting Device) and look for the traffic as well since the target had now moved to within 300 feet and still indicating a climb on ADS-B.
Approximately the time that the traffic target got within a 2 mile range, I finally saw the aircraft come into view. Their paint scheme was grey with blue, and made it hard to distinguish them against the mountainous terrain. They were exactly 12 o’clock and slightly low, maybe 200-300 feet.
I took controls and initiated an evasive steep turn to the right, in accordance with 91.113.
At roughly the same time, ATC called us to initiate another traffic advisory for traffic less than 2 miles. We replied that we had the traffic in sight and were deviating to avoid them.
ATC then instructed to maintain visual separation, and we re-intercepted our course once we were well clear.
My student said they were close enough to see the people in the other cockpit, and both of us felt that the encounter was way too close for comfort.
The other aircraft did not appear to alter course to avoid our aircraft.
I believe contributing factors may have been that the other pilot may not have been in contact with ATC, and that they were not flying a standard VFR/IFR altitude or were possibly using an inappropriate altimeter setting for their location.
In the future, I will advise ATC that traffic is not in-sight sooner so that ATC can issue a vector to ensure adequate spacing.
Primary Problem: Human Factors
ACN: 1838420
Not too sure changing altitude over a VOR is a wise choice since they tend to be a gathering point. ATC may clear it but it was VMC and you still have see and avoid, deviate as necessary.
Exactly…
I’m glad no paint was swapped; but I do think there’s more responsibility on the writer than he/she surmises.
There’s no reason you can’t execute some shallow S-turns, while climbing or descending in VMC, in order to clear your flight path. I’d also have the student looking outside sooner than later.
There are only two “correct” responses to an ATC traffic call out: “Negative Contact” or “Traffic in Sight” (not “searching, looking, no-joy, got-em, tally-ho, etc…”). Use the right terminology.
You said they were climbing. There is no standard VFR altitude when climbing. Also, if the traffic was 200-300 feet below, a climb may would been in order as you turned to the right. Sometimes in the past, I have requested a vector from ATC when traffic was not in sight and a vector was not offered.