Narrative:

Intruder aircraft was at 10100-10300 ft. We were assigned and maintaining 10000 ft 250 KTS. Intruder was above class B airspace. But operating with no transponder. We descended to 9700 ft without ATC clearance and advised ATC of our actions and the traffic. Controller said he had 'no target' and later painted a weak 'skin paint.' pilots need to be reminded that an operative transponder is required within 30 mi of a major airport. Even if above class B. This could have been a disaster as we had only 10-15 seconds to act. TCASII and radar service/separation do no good if aircraft do not have/use xponders and contact ATC if intending to transit busy air carrier airports.

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Original NASA ASRS Text

Title: NMAC -- ACR HAS A NEAR HIT WITH AN ACFT THAT WAS FLYING JUST ABOVE THE CLASS 'B' AIRSPACE WITH NO XPONDER XMISSION.

Narrative: INTRUDER ACFT WAS AT 10100-10300 FT. WE WERE ASSIGNED AND MAINTAINING 10000 FT 250 KTS. INTRUDER WAS ABOVE CLASS B AIRSPACE. BUT OPERATING WITH NO XPONDER. WE DSNDED TO 9700 FT WITHOUT ATC CLRNC AND ADVISED ATC OF OUR ACTIONS AND THE TFC. CTLR SAID HE HAD 'NO TARGET' AND LATER PAINTED A WEAK 'SKIN PAINT.' PLTS NEED TO BE REMINDED THAT AN OPERATIVE XPONDER IS REQUIRED WITHIN 30 MI OF A MAJOR ARPT. EVEN IF ABOVE CLASS B. THIS COULD HAVE BEEN A DISASTER AS WE HAD ONLY 10-15 SECONDS TO ACT. TCASII AND RADAR SVC/SEPARATION DO NO GOOD IF ACFT DO NOT HAVE/USE XPONDERS AND CONTACT ATC IF INTENDING TO TRANSIT BUSY ACR ARPTS.

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.