Narrative:

Small transport X at 5000' while awaiting a higher altitude. The controller had already advised us that he had traffic at 6000' and to be sure and maintain 5000'. At 8 DME on the 265 degree right off of the vhp VOR I glanced up and to the right and noticed a white twin engine aircraft Y descending out of a cloud layer directly toward us a very close range. I immediately and abruptly descended the aircraft to approximately 4500' to avoid aircraft Y. I then quickly climbed my aircraft back to 5000' and also notified departure control that I was reporting a near miss. After I did this, a few seconds later, aircraft Y also reported a near miss and ask the controller if we were IFR. The controller said yes. I attempted twice before leaving the frequency and once afterward to obtain information or an explanation from the controller about the situation. Each time the controller only said that he would get back later. I was never notified of any traffic approaching me before the near miss.

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Original NASA ASRS Text

Title: SMT X HAD LESS THAN STANDARD SEPARATION FROM ACFT Y. SYSTEM ERROR. NMAC.

Narrative: SMT X AT 5000' WHILE AWAITING A HIGHER ALT. THE CTLR HAD ALREADY ADVISED US THAT HE HAD TFC AT 6000' AND TO BE SURE AND MAINTAIN 5000'. AT 8 DME ON THE 265 DEG R OFF OF THE VHP VOR I GLANCED UP AND TO THE RIGHT AND NOTICED A WHITE TWIN ENG ACFT Y DSNDING OUT OF A CLOUD LAYER DIRECTLY TOWARD US A VERY CLOSE RANGE. I IMMEDIATELY AND ABRUPTLY DSNDED THE ACFT TO APPROX 4500' TO AVOID ACFT Y. I THEN QUICKLY CLBED MY ACFT BACK TO 5000' AND ALSO NOTIFIED DEP CTL THAT I WAS RPTING A NEAR MISS. AFTER I DID THIS, A FEW SECS LATER, ACFT Y ALSO RPTED A NEAR MISS AND ASK THE CTLR IF WE WERE IFR. THE CTLR SAID YES. I ATTEMPTED TWICE BEFORE LEAVING THE FREQ AND ONCE AFTERWARD TO OBTAIN INFO OR AN EXPLANATION FROM THE CTLR ABOUT THE SITUATION. EACH TIME THE CTLR ONLY SAID THAT HE WOULD GET BACK LATER. I WAS NEVER NOTIFIED OF ANY TFC APCHING ME BEFORE THE NEAR MISS.

Data retrieved from NASA's ASRS site as of July 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.