Narrative:

Near midair collision on a visual approach into sjc the C170 was flying west into setting sun with 9 mi and haze above sjc's airspace and outside of sfo's airspace. Transponder was not on or installed on C170. If all aircraft were required to have operating transponder, the TCASII would have alerted us to the C170's location and near midair collision would not have happened.

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Original NASA ASRS Text

Title: CL65 CREW ON APCH TO SJC HAVE NMAC WITH C170.

Narrative: NMAC ON A VISUAL APCH INTO SJC THE C170 WAS FLYING W INTO SETTING SUN WITH 9 MI AND HAZE ABOVE SJC'S AIRSPACE AND OUTSIDE OF SFO'S AIRSPACE. XPONDER WAS NOT ON OR INSTALLED ON C170. IF ALL ACFT WERE REQUIRED TO HAVE OPERATING XPONDER, THE TCASII WOULD HAVE ALERTED US TO THE C170'S LOCATION AND NMAC WOULD NOT HAVE HAPPENED.

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.