Narrative:

We were VFR descending inbound to poi with advisories. 2 IFR outbnds (light twins) on IFR plans, same controller working all 3 aircraft. Controller called out 1 O'clock high and 12 O'clock in trail at 8000' to 05. We called 1 O'clock in sight through 9500'. We asked position of other negative contact in relation to traffic that was now off our right wing. We were still no joy. 8000' traffic called us in sight. He never attempted to avoid us. We were established in a 45 degree right turn to avoid. With approximately 400' KT closure the other IFR aircraft nearly hit us. Our landing lights were on, his were not. Why didn't 8000' have his lights on? Why didn't he attempt a turn sooner or ask ATC for a turn? He had us in sight. Why didn't ATC suggest a vector away or suggest stopping descent? We could have stopped our descent earlier, that's the only thing I feel we could have done to help. Note: in my opinion I feel part 91 IFR pilots on IFR plans feel superior and claim right of way over VFR traffic--macho. So macho, I and 19 others could have died that night.

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Original NASA ASRS Text

Title: COMMUTER ACFT ADVISED OF TRAFFIC, NOT SIGHTED. TAKES EVASIVE ACTION WHEN SIGHTED.

Narrative: WE WERE VFR DSNDING INBND TO POI WITH ADVISORIES. 2 IFR OUTBNDS (LIGHT TWINS) ON IFR PLANS, SAME CTLR WORKING ALL 3 ACFT. CTLR CALLED OUT 1 O'CLOCK HIGH AND 12 O'CLOCK IN TRAIL AT 8000' TO 05. WE CALLED 1 O'CLOCK IN SIGHT THROUGH 9500'. WE ASKED POS OF OTHER NEGATIVE CONTACT IN RELATION TO TFC THAT WAS NOW OFF OUR RIGHT WING. WE WERE STILL NO JOY. 8000' TFC CALLED US IN SIGHT. HE NEVER ATTEMPTED TO AVOID US. WE WERE ESTABLISHED IN A 45 DEG RIGHT TURN TO AVOID. WITH APPROX 400' KT CLOSURE THE OTHER IFR ACFT NEARLY HIT US. OUR LNDG LIGHTS WERE ON, HIS WERE NOT. WHY DIDN'T 8000' HAVE HIS LIGHTS ON? WHY DIDN'T HE ATTEMPT A TURN SOONER OR ASK ATC FOR A TURN? HE HAD US IN SIGHT. WHY DIDN'T ATC SUGGEST A VECTOR AWAY OR SUGGEST STOPPING DSNT? WE COULD HAVE STOPPED OUR DSNT EARLIER, THAT'S THE ONLY THING I FEEL WE COULD HAVE DONE TO HELP. NOTE: IN MY OPINION I FEEL PART 91 IFR PLTS ON IFR PLANS FEEL SUPERIOR AND CLAIM RIGHT OF WAY OVER VFR TFC--MACHO. SO MACHO, I AND 19 OTHERS COULD HAVE DIED THAT NIGHT.

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.