Narrative:

About 3 mi outside of scurry VOR ATC (ZFW) had us in a turn to intercept the scurry 9 arrival (313 degree right). We were level at 6000' MSL in light rain and light to moderate turbulence. During our right turn the first officer spotted a position light on the left side of the aircraft that appeared to be at our altitude and converging. I tightened our right turn and climbed 500' to avoid the traffic. We immediately called ATC and asked for the other aircraft altitude. ATC informed us that the traffic was level at 7000' and asked us to verify our altitude. We were already in a descent back to 6000' and told ATC that we thought he was at our altitude and ha cleared to avoid. I feel that part of the problem was that our bank angle (right wing low) created an optical illusion that the aircraft was at our altitude. Also, he just kind of appeared out of nowhere and startled us. If ATC had given us his position prior to us seeing him, we would have felt better about the matter.

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Original NASA ASRS Text

Title: COMMUTER LTT ALT DEVIATION EXCURSION FROM CLRNC ALT AS PIC STARTED A CLIMB TO AVOID A CONTROLLED ACFT THAT WAS IN LEVEL FLT 1000' ABOVE THE REPORTER.

Narrative: ABOUT 3 MI OUTSIDE OF SCURRY VOR ATC (ZFW) HAD US IN A TURN TO INTERCEPT THE SCURRY 9 ARR (313 DEG R). WE WERE LEVEL AT 6000' MSL IN LIGHT RAIN AND LIGHT TO MODERATE TURB. DURING OUR RIGHT TURN THE F/O SPOTTED A POS LIGHT ON THE LEFT SIDE OF THE ACFT THAT APPEARED TO BE AT OUR ALT AND CONVERGING. I TIGHTENED OUR RIGHT TURN AND CLBED 500' TO AVOID THE TFC. WE IMMEDIATELY CALLED ATC AND ASKED FOR THE OTHER ACFT ALT. ATC INFORMED US THAT THE TFC WAS LEVEL AT 7000' AND ASKED US TO VERIFY OUR ALT. WE WERE ALREADY IN A DSCNT BACK TO 6000' AND TOLD ATC THAT WE THOUGHT HE WAS AT OUR ALT AND HA CLRED TO AVOID. I FEEL THAT PART OF THE PROB WAS THAT OUR BANK ANGLE (RIGHT WING LOW) CREATED AN OPTICAL ILLUSION THAT THE ACFT WAS AT OUR ALT. ALSO, HE JUST KIND OF APPEARED OUT OF NOWHERE AND STARTLED US. IF ATC HAD GIVEN US HIS POS PRIOR TO US SEEING HIM, WE WOULD HAVE FELT BETTER ABOUT THE MATTER.

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.