Narrative:

Buf-phl on phl approach control. Advised by approach that traffic was 12 O'clock and 6 mi at 6.5 VFR under approach control. Unable to contact, so I asked for position. Advised that aircraft at '3 mi at 12' VFR at 6.5. I responded, since we were just above cloud layer, that it was impossible for traffic to be VFR at 6.5, since he would be in clouds. Approach asked traffic his altitude, and he stated, 'we had to climb up to 6.9.' he was now at my altitude and less than 3 mi. I was given a turn immediately to 180 degrees and saw the subject aircraft less than 1/2 mi away when in the turn. He should be violated and fined for a very stupid maneuver that put 107 lives at risk. I debriefed the situation with phl ATC supervisor upon arrival at phl.

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Original NASA ASRS Text

Title: ACR MLG HAS CONFLICT WITH VFR ACFT IN PHL TCA WHEN VFR ACFT CLIMBS TO AVOID CLOUDS WITHOUT CLRNC TO DO SO.

Narrative: BUF-PHL ON PHL APCH CTL. ADVISED BY APCH THAT TFC WAS 12 O'CLOCK AND 6 MI AT 6.5 VFR UNDER APCH CTL. UNABLE TO CONTACT, SO I ASKED FOR POS. ADVISED THAT ACFT AT '3 MI AT 12' VFR AT 6.5. I RESPONDED, SINCE WE WERE JUST ABOVE CLOUD LAYER, THAT IT WAS IMPOSSIBLE FOR TFC TO BE VFR AT 6.5, SINCE HE WOULD BE IN CLOUDS. APCH ASKED TFC HIS ALT, AND HE STATED, 'WE HAD TO CLB UP TO 6.9.' HE WAS NOW AT MY ALT AND LESS THAN 3 MI. I WAS GIVEN A TURN IMMEDIATELY TO 180 DEGS AND SAW THE SUBJECT ACFT LESS THAN 1/2 MI AWAY WHEN IN THE TURN. HE SHOULD BE VIOLATED AND FINED FOR A VERY STUPID MANEUVER THAT PUT 107 LIVES AT RISK. I DEBRIEFED THE SITUATION WITH PHL ATC SUPVR UPON ARR AT PHL.

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.