Commuter aircraft has near midair collision with small aircraft in IMC.

Attributes
ACN	312433
Time
Date	199508
Day	Thu
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : sax
State Reference	NJ
Altitude	msl bound lower : 7000 msl bound upper : 7800
Environment
Flight Conditions	Mixed
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : n90
Operator	common carrier : air carrier
Make Model Name	Commercial Fixed Wing
Operating Under FAR Part	Part 121
Navigation In Use	Other Other
Flight Phase	descent other
Route In Use	arrival other arrival star : star
Flight Plan	IFR
Aircraft 2
Make Model Name	Any Unknown or Unlisted Aircraft Manufacturer
Operating Under FAR Part	other : unknown
Flight Phase	climbout : intermediate altitude
Person 1
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : atp
Experience	flight time last 90 days : 180 flight time total : 7741 flight time type : 185
ASRS Report	312433
Person 2
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Events
Anomaly	conflict : nmac inflight encounter : vfr in imc other anomaly other
Independent Detector	aircraft equipment other aircraft equipment : unspecified other controllera other flight crewa
Resolutory Action	flight crew : took evasive action
Consequence	faa : reviewed incident with flight crew
Miss Distance	horizontal : 0 vertical : 300
Supplementary
Primary Problem	Flight Crew Human Performance

Narrative:

We were on the shaff 3 arrival into newark, but had been cleared to deviate for WX in our descent to 7000 ft. The clearance was 'cleared to deviate right and then direct sparta (sax) when able.' we reached 7000 ft and proceeded direct sax with ZNY. ZNY said we had VFR traffic at 12 O'clock and 10 mi, 'altitude indicates 6000 ft.' we selected TCASII 10 NM range and saw this traffic on TCASII at 6000 ft as the controller had indicated. Since the cloud went from about 6000 ft to above 10000 ft in this area and covered about 60 percent of the sky, we could not visually see the traffic and stated to ZNY that we were looking for the traffic. Center gave us a handoff to newark approach who asked if we were up before we could even check in. I said 'yes, and looking for the traffic on our nose at 6 mi.' there was no way a VFR aircraft could be at 6500 ft and have legal cloud separation, but we saw on TCASII that the traffic had climbed to 6500 ft and was apparently level now at about 4 NM still on our nose. I suggested the captain turn left just as newark approach gave us a 30 degree left turn, however, the TCASII now indicated that this 'VFR' traffic was again climbing with only 2 mi separating us. The TCASII indicated 400 ft separation and gave us an RA to climb. The captain took about 2 seconds to find the autoplt disconnect button which seemed like an eternity to me, so I also said 'climb.' we did climb with the 'VFR' traffic passing within 300 ft below us 'in the clouds.' we never visually saw the aircraft. Went to 7800 ft, TCASII said 'clear of conflict' and we descended and informed ATC of the RA. Lessons learned: don't trust 'VFR' traffic to stay VFR. Definitely follow TCASII guidance -- it works! And when you are on autoplt and get a TA, I would recommend either disconnect the autoplt or have your thumb on it and be preparing for the RA to follow. ATC was excellent and did everything they could, but this guy was unpredictable.

Original NASA ASRS Text

Title: COMMUTER ACFT HAS NMAC WITH SMA IN IMC.

Narrative: WE WERE ON THE SHAFF 3 ARR INTO NEWARK, BUT HAD BEEN CLRED TO DEVIATE FOR WX IN OUR DSCNT TO 7000 FT. THE CLRNC WAS 'CLRED TO DEVIATE R AND THEN DIRECT SPARTA (SAX) WHEN ABLE.' WE REACHED 7000 FT AND PROCEEDED DIRECT SAX WITH ZNY. ZNY SAID WE HAD VFR TFC AT 12 O'CLOCK AND 10 MI, 'ALT INDICATES 6000 FT.' WE SELECTED TCASII 10 NM RANGE AND SAW THIS TFC ON TCASII AT 6000 FT AS THE CTLR HAD INDICATED. SINCE THE CLOUD WENT FROM ABOUT 6000 FT TO ABOVE 10000 FT IN THIS AREA AND COVERED ABOUT 60 PERCENT OF THE SKY, WE COULD NOT VISUALLY SEE THE TFC AND STATED TO ZNY THAT WE WERE LOOKING FOR THE TFC. CTR GAVE US A HDOF TO NEWARK APCH WHO ASKED IF WE WERE UP BEFORE WE COULD EVEN CHK IN. I SAID 'YES, AND LOOKING FOR THE TFC ON OUR NOSE AT 6 MI.' THERE WAS NO WAY A VFR ACFT COULD BE AT 6500 FT AND HAVE LEGAL CLOUD SEPARATION, BUT WE SAW ON TCASII THAT THE TFC HAD CLBED TO 6500 FT AND WAS APPARENTLY LEVEL NOW AT ABOUT 4 NM STILL ON OUR NOSE. I SUGGESTED THE CAPT TURN L JUST AS NEWARK APCH GAVE US A 30 DEG L TURN, HOWEVER, THE TCASII NOW INDICATED THAT THIS 'VFR' TFC WAS AGAIN CLBING WITH ONLY 2 MI SEPARATING US. THE TCASII INDICATED 400 FT SEPARATION AND GAVE US AN RA TO CLB. THE CAPT TOOK ABOUT 2 SECONDS TO FIND THE AUTOPLT DISCONNECT BUTTON WHICH SEEMED LIKE AN ETERNITY TO ME, SO I ALSO SAID 'CLB.' WE DID CLB WITH THE 'VFR' TFC PASSING WITHIN 300 FT BELOW US 'IN THE CLOUDS.' WE NEVER VISUALLY SAW THE ACFT. WENT TO 7800 FT, TCASII SAID 'CLR OF CONFLICT' AND WE DSNDED AND INFORMED ATC OF THE RA. LESSONS LEARNED: DON'T TRUST 'VFR' TFC TO STAY VFR. DEFINITELY FOLLOW TCASII GUIDANCE -- IT WORKS! AND WHEN YOU ARE ON AUTOPLT AND GET A TA, I WOULD RECOMMEND EITHER DISCONNECT THE AUTOPLT OR HAVE YOUR THUMB ON IT AND BE PREPARING FOR THE RA TO FOLLOW. ATC WAS EXCELLENT AND DID EVERYTHING THEY COULD, BUT THIS GUY WAS UNPREDICTABLE.

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.