Commuter light transport has traffic converging descends to avoid.

Attributes
ACN	247514
Time
Date	199307
Day	Wed
Local Time Of Day	0601 To 1200
Place
Locale Reference	airport : mlb
State Reference	FL
Altitude	msl bound lower : 4500 msl bound upper : 5000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : cof tower : ewr
Operator	common carrier : air carrier
Make Model Name	Small Transport
Flight Phase	cruise other
Flight Plan	IFR
Aircraft 2
Make Model Name	Small Transport, Low Wing, 2 Recip Eng
Flight Phase	cruise other
Flight Plan	VFR
Person 1
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : instrument pilot : commercial
Experience	flight time last 90 days : 200 flight time total : 1500 flight time type : 532
ASRS Report	247514
Person 2
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Events
Anomaly	altitude deviation : excursion from assigned altitude conflict : airborne less severe non adherence : clearance
Independent Detector	other flight crewa
Resolutory Action	flight crew : took evasive action
Consequence	faa : reviewed incident with flight crew
Miss Distance	horizontal : 6000 vertical : 500
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

Patrick approach assigned 5000 ft MSL. Reported VFR traffic 2-3 O'clock at 4600 ft MSL. We spotted the traffic. Traffic was a light twin. Altitude appeared to be 5000 ft and was on a converging course. We asked approach for lower. He said stand by. We advised approach that we were descending 500 ft due to traffic. Supervisor came on and told us IFR traffic must maintain altitude. We advised him that traffic appeared to be at 5000 ft, not 4600 ft and on a converging course and that we descended due to collision avoidance.

Original NASA ASRS Text

Title: COMMUTER LTT HAS TFC CONVERGING DSNDS TO AVOID.

Narrative: PATRICK APCH ASSIGNED 5000 FT MSL. RPTED VFR TFC 2-3 O'CLOCK AT 4600 FT MSL. WE SPOTTED THE TFC. TFC WAS A LIGHT TWIN. ALT APPEARED TO BE 5000 FT AND WAS ON A CONVERGING COURSE. WE ASKED APCH FOR LOWER. HE SAID STAND BY. WE ADVISED APCH THAT WE WERE DSNDING 500 FT DUE TO TFC. SUPVR CAME ON AND TOLD US IFR TFC MUST MAINTAIN ALT. WE ADVISED HIM THAT TFC APPEARED TO BE AT 5000 FT, NOT 4600 FT AND ON A CONVERGING COURSE AND THAT WE DSNDED DUE TO COLLISION AVOIDANCE.

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.