Close proximity GA-small aircraft commuter-small transport 25 NM south of alb.

Attributes
ACN	120198
Time
Date	198908
Day	Fri
Local Time Of Day	1801 To 2400
Place
Locale Reference	airport : alb
State Reference	NY
Altitude	msl bound lower : 4000 msl bound upper : 4000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : alb
Operator	general aviation : instructional
Make Model Name	Small Aircraft, Low Wing, 1 Eng, Retractable Gear
Flight Phase	cruise other descent other
Flight Plan	IFR
Aircraft 2
Operator	common carrier : air carrier
Make Model Name	Small Transport, Low Wing, 2 Turboprop Eng
Flight Phase	cruise other
Person 1
Affiliation	Other
Function	instruction : instructor
Qualification	pilot : instrument pilot : cfi pilot : commercial
Experience	flight time last 90 days : 250 flight time total : 3100
ASRS Report	120198
Person 2
Affiliation	Other
Function	instruction : trainee
Events
Anomaly	conflict : nmac other spatial deviation
Independent Detector	other flight crewa
Resolutory Action	flight crew : took evasive action
Consequence	Other
Miss Distance	horizontal : 1000 vertical : 0
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

IFR training flight, IFR, clearance, level at 4000 MSL, caught a glimpse of aircraft approaching from 8 O'clock position, took control of aircraft and made steep right turn. Upon reporting traffic, was told 'just now saw him...he's already gone (going) by'. Other aircraft was commuter small transport flight inbound to albany, ny. We were in level flight, and it appeared to me that small transport maintained 4000 MSL while flying up the hudson river into alb. Don't airlines (commuters) have to follow IFR/VFR regulations concerning appropriate altitudes? And what ever happened to 'see and avoid'? The controller was of no help, and small transport didn't say a word.

Original NASA ASRS Text

Title: CLOSE PROX GA-SMA COMMUTER-SMT 25 NM SOUTH OF ALB.

Narrative: IFR TRAINING FLT, IFR, CLRNC, LEVEL AT 4000 MSL, CAUGHT A GLIMPSE OF ACFT APCHING FROM 8 O'CLOCK POSITION, TOOK CONTROL OF ACFT AND MADE STEEP RIGHT TURN. UPON REPORTING TFC, WAS TOLD 'JUST NOW SAW HIM...HE'S ALREADY GONE (GOING) BY'. OTHER ACFT WAS COMMUTER SMT FLT INBND TO ALBANY, NY. WE WERE IN LEVEL FLT, AND IT APPEARED TO ME THAT SMT MAINTAINED 4000 MSL WHILE FLYING UP THE HUDSON RIVER INTO ALB. DON'T AIRLINES (COMMUTERS) HAVE TO FOLLOW IFR/VFR REGS CONCERNING APPROPRIATE ALTS? AND WHAT EVER HAPPENED TO 'SEE AND AVOID'? THE CTLR WAS OF NO HELP, AND SMT DIDN'T SAY A WORD.

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.