C177B experienced near midair collision while IFR at 4000 ft with acy TRACON.

Attributes
ACN	600551
Time
Date	200311
Day	Sat
Local Time Of Day	0601 To 1200
Place
Locale Reference	navaid : cyn.vor
State Reference	NJ
Altitude	msl single value : 4000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : acy.tracon
Operator	general aviation : personal
Make Model Name	Cardinal 177/177RG
Operating Under FAR Part	Part 91
Navigation In Use	other vortac
Flight Phase	cruise : level
Flight Plan	IFR
Aircraft 2
Operator	general aviation : personal
Make Model Name	PA-28 Cherokee/Archer II/Dakota/Pillan/Warrior
Operating Under FAR Part	Part 91
Flight Phase	cruise : level
Flight Plan	None
Person 1
Affiliation	other
Qualification	pilot : instrument pilot : private pilot : commercial
Experience	flight time last 90 days : 25 flight time total : 1000 flight time type : 800
ASRS Report	600551
Person 2
Affiliation	other
Events
Anomaly	conflict : nmac non adherence : far
Independent Detector	other flight crewa
Resolutory Action	flight crew : took evasive action
Miss Distance	horizontal : 150 vertical : 0
Supplementary
Problem Areas	Flight Crew Human Performance ATC Human Performance
Primary Problem	Ambiguous

Narrative:

We were at 4000 ft AGL on an IFR flight in VFR conditions heading 246 degrees from coyle VOR on victor 16 to cedar lake VOR and talking to atlantic city approach. Approximately over hammonton airport, we saw another airplane headed straight towards us at our altitude. He was blossoming rapidly and did not appear to see us. Immediate evasion action was necessary on our part to avoid hitting him. We abruptly veered to the left and believe the last 3 digits of the piper archer were XXX. The atlantic city controller never advised us of this traffic, and when we reported the incident to him, he said he was not working the other aircraft. Obviously, the other plane was flying illegally -- VFR at an IFR altitude -- not talking to anyone. We are shocked that this situation occurred. In IFR, this would have been deadly. How and why did the system fail?

Original NASA ASRS Text

Title: C177B EXPERIENCED NMAC WHILE IFR AT 4000 FT WITH ACY TRACON.

Narrative: WE WERE AT 4000 FT AGL ON AN IFR FLT IN VFR CONDITIONS HDG 246 DEGS FROM COYLE VOR ON VICTOR 16 TO CEDAR LAKE VOR AND TALKING TO ATLANTIC CITY APCH. APPROX OVER HAMMONTON ARPT, WE SAW ANOTHER AIRPLANE HEADED STRAIGHT TOWARDS US AT OUR ALT. HE WAS BLOSSOMING RAPIDLY AND DID NOT APPEAR TO SEE US. IMMEDIATE EVASION ACTION WAS NECESSARY ON OUR PART TO AVOID HITTING HIM. WE ABRUPTLY VEERED TO THE L AND BELIEVE THE LAST 3 DIGITS OF THE PIPER ARCHER WERE XXX. THE ATLANTIC CITY CTLR NEVER ADVISED US OF THIS TFC, AND WHEN WE RPTED THE INCIDENT TO HIM, HE SAID HE WAS NOT WORKING THE OTHER ACFT. OBVIOUSLY, THE OTHER PLANE WAS FLYING ILLEGALLY -- VFR AT AN IFR ALT -- NOT TALKING TO ANYONE. WE ARE SHOCKED THAT THIS SIT OCCURRED. IN IFR, THIS WOULD HAVE BEEN DEADLY. HOW AND WHY DID THE SYS FAIL?

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.