Narrative:

During cruise flight at 13500 ft flying under VFR in VMC with transponder on 1200 in mode C, the first officer noted an aircraft in the vicinity and reported it to me. I saw an MD80 overtaking us from about our 9:30 O'clock to 10 O'clock position in a descending left bank away from our aircraft. I contacted ny approach and after radar contact and VFR flight following was established I asked if they were in contact with the MD80. They answered in the affirmative and informed me that the aircraft was on the approach corridor for ewr. The controller offered no other information. They continued on to its destination with no further exceptional circumstances. It is obvious that based on the MD80's flight path that ATC and the aircraft's TCASII warnings were either non-existent, inadequate and or unheeded in a more timely manner. No avoidance action was possible or necessary as the MD80 coming from behind was not even seen until well past what might have been an impact point. It is the old story of see and avoid and rules of the road. If the FAA had not postponed TCASII requirement for commuters we would have had it and been able to anticipate traffic behind and above that was descending into our flight path. Also, we often fly from phl to bdr VFR and phl approach will never make a handoff to ny approach even at off peak periods. Had they done that perhaps that could have added to avoidance of the situation.

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Original NASA ASRS Text

Title: AIRBORNE CONFLICT LESS SEVERE.

Narrative: DURING CRUISE FLT AT 13500 FT FLYING UNDER VFR IN VMC WITH XPONDER ON 1200 IN MODE C, THE FO NOTED AN ACFT IN THE VICINITY AND RPTED IT TO ME. I SAW AN MD80 OVERTAKING US FROM ABOUT OUR 9:30 O'CLOCK TO 10 O'CLOCK POS IN A DSNDING L BANK AWAY FROM OUR ACFT. I CONTACTED NY APCH AND AFTER RADAR CONTACT AND VFR FLT FOLLOWING WAS ESTABLISHED I ASKED IF THEY WERE IN CONTACT WITH THE MD80. THEY ANSWERED IN THE AFFIRMATIVE AND INFORMED ME THAT THE ACFT WAS ON THE APCH CORRIDOR FOR EWR. THE CTLR OFFERED NO OTHER INFO. THEY CONTINUED ON TO ITS DEST WITH NO FURTHER EXCEPTIONAL CIRCUMSTANCES. IT IS OBVIOUS THAT BASED ON THE MD80'S FLT PATH THAT ATC AND THE ACFT'S TCASII WARNINGS WERE EITHER NON-EXISTENT, INADEQUATE AND OR UNHEEDED IN A MORE TIMELY MANNER. NO AVOIDANCE ACTION WAS POSSIBLE OR NECESSARY AS THE MD80 COMING FROM BEHIND WAS NOT EVEN SEEN UNTIL WELL PAST WHAT MIGHT HAVE BEEN AN IMPACT POINT. IT IS THE OLD STORY OF SEE AND AVOID AND RULES OF THE ROAD. IF THE FAA HAD NOT POSTPONED TCASII REQUIREMENT FOR COMMUTERS WE WOULD HAVE HAD IT AND BEEN ABLE TO ANTICIPATE TFC BEHIND AND ABOVE THAT WAS DSNDING INTO OUR FLT PATH. ALSO, WE OFTEN FLY FROM PHL TO BDR VFR AND PHL APCH WILL NEVER MAKE A HDOF TO NY APCH EVEN AT OFF PEAK PERIODS. HAD THEY DONE THAT PERHAPS THAT COULD HAVE ADDED TO AVOIDANCE OF THE SIT.

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.