Narrative:

I was cruising VFR at 3500 ft through class B airspace just north of bwi airport. The time was XA17 and I was heading 032 degrees when bwi approach called out traffic, a B757 at 10 O'clock position and 4 mi. I responded that I had the B757 traffic. Some 10-15 seconds later I had traffic at my 10 O'clock position and several hundred yards at nearly the same altitude and closing/converging rapidly. I immediately initiated a climb to 3900-4000 ft. A turn right or left could have had a severe outcome. Almost immediately as I climbed, bwi approach asked me what I was doing, which I explained. Bwi approach said they (he) had called out that traffic and it was within the required clearance (legal) and I could create problems for the B757. I responded that the only traffic he informed me of was the B757. He came back several times and said it was my right to deviate but he had called out the traffic which nearly collided with me. He responded back to me 2 more times as if to convince me he told me about the traffic. He also said it would not be classified as an emergency and asked me to acknowledge that I heard him tell me about the unrpted traffic. I told him that I heard what he said and he told me to squawk 1200 and radar service was terminated. I had a passenger who is also a pilot with 6800 flight hours who did hear the same thing I did and who can witness to the above statement. I climbed so rapidly and did not call first. The safety of the crew/passenger was my first course of action. Never did I compromise the safety of the B757 which passed well behind and higher than my plane. I wish to add that at XA17 hours over baltimore it was dusk to dark conditions. I turned my landing light on when I saw the unrpted aircraft and he/she in response turned his/hers on. My perception was that I performed the prudent action and was not afforded timely pertinent information. I felt the baltimore ATC controller was trying to convince me several times that the mistake was mine. I have been a civilian pilot for 24 yrs and a military master aviator and flying in the military for 16 yrs currently. This is the first time I felt compelled to file a report such as this. The traffic passed under me and I am not sure if that plane deviated, but I don't recall the controller calling my number to anyone but the B757 unless the unrpted plane was with another controller. I don't know how specifically to prevent this issue in the future other than using extreme vigilance in high traffic areas. I listen for my altitude and type aircraft when ATC reports traffic to someone and I in turn expect to be called for TA. Neither occurred in this case.

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Original NASA ASRS Text

Title: NEAR MISS IN THE BWI CLASS B AIRSPACE.

Narrative: I WAS CRUISING VFR AT 3500 FT THROUGH CLASS B AIRSPACE JUST N OF BWI ARPT. THE TIME WAS XA17 AND I WAS HDG 032 DEGS WHEN BWI APCH CALLED OUT TFC, A B757 AT 10 O'CLOCK POS AND 4 MI. I RESPONDED THAT I HAD THE B757 TFC. SOME 10-15 SECONDS LATER I HAD TFC AT MY 10 O'CLOCK POS AND SEVERAL HUNDRED YARDS AT NEARLY THE SAME ALT AND CLOSING/CONVERGING RAPIDLY. I IMMEDIATELY INITIATED A CLB TO 3900-4000 FT. A TURN R OR L COULD HAVE HAD A SEVERE OUTCOME. ALMOST IMMEDIATELY AS I CLBED, BWI APCH ASKED ME WHAT I WAS DOING, WHICH I EXPLAINED. BWI APCH SAID THEY (HE) HAD CALLED OUT THAT TFC AND IT WAS WITHIN THE REQUIRED CLRNC (LEGAL) AND I COULD CREATE PROBS FOR THE B757. I RESPONDED THAT THE ONLY TFC HE INFORMED ME OF WAS THE B757. HE CAME BACK SEVERAL TIMES AND SAID IT WAS MY RIGHT TO DEVIATE BUT HE HAD CALLED OUT THE TFC WHICH NEARLY COLLIDED WITH ME. HE RESPONDED BACK TO ME 2 MORE TIMES AS IF TO CONVINCE ME HE TOLD ME ABOUT THE TFC. HE ALSO SAID IT WOULD NOT BE CLASSIFIED AS AN EMER AND ASKED ME TO ACKNOWLEDGE THAT I HEARD HIM TELL ME ABOUT THE UNRPTED TFC. I TOLD HIM THAT I HEARD WHAT HE SAID AND HE TOLD ME TO SQUAWK 1200 AND RADAR SVC WAS TERMINATED. I HAD A PAX WHO IS ALSO A PLT WITH 6800 FLT HRS WHO DID HEAR THE SAME THING I DID AND WHO CAN WITNESS TO THE ABOVE STATEMENT. I CLBED SO RAPIDLY AND DID NOT CALL FIRST. THE SAFETY OF THE CREW/PAX WAS MY FIRST COURSE OF ACTION. NEVER DID I COMPROMISE THE SAFETY OF THE B757 WHICH PASSED WELL BEHIND AND HIGHER THAN MY PLANE. I WISH TO ADD THAT AT XA17 HRS OVER BALTIMORE IT WAS DUSK TO DARK CONDITIONS. I TURNED MY LNDG LIGHT ON WHEN I SAW THE UNRPTED ACFT AND HE/SHE IN RESPONSE TURNED HIS/HERS ON. MY PERCEPTION WAS THAT I PERFORMED THE PRUDENT ACTION AND WAS NOT AFFORDED TIMELY PERTINENT INFO. I FELT THE BALTIMORE ATC CTLR WAS TRYING TO CONVINCE ME SEVERAL TIMES THAT THE MISTAKE WAS MINE. I HAVE BEEN A CIVILIAN PLT FOR 24 YRS AND A MIL MASTER AVIATOR AND FLYING IN THE MIL FOR 16 YRS CURRENTLY. THIS IS THE FIRST TIME I FELT COMPELLED TO FILE A RPT SUCH AS THIS. THE TFC PASSED UNDER ME AND I AM NOT SURE IF THAT PLANE DEVIATED, BUT I DON'T RECALL THE CTLR CALLING MY NUMBER TO ANYONE BUT THE B757 UNLESS THE UNRPTED PLANE WAS WITH ANOTHER CTLR. I DON'T KNOW HOW SPECIFICALLY TO PREVENT THIS ISSUE IN THE FUTURE OTHER THAN USING EXTREME VIGILANCE IN HIGH TFC AREAS. I LISTEN FOR MY ALT AND TYPE ACFT WHEN ATC RPTS TFC TO SOMEONE AND I IN TURN EXPECT TO BE CALLED FOR TA. NEITHER OCCURRED IN THIS CASE.

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.