Narrative:

I was flying an small transport at 9500' MSL on a 42 degree heading. Cloud tops were at 8500' MSL. A white airplane passed to my left approximately 50' away. I was in radar contact with, I believe, washington center and had been issued and was using a transponder code. I would rather have had the controller not accept me into the system if he was too busy. Certainly the controllers dictum to me to maintain VFR does not relieve him of the responsibility to warn me of an oncoming aircraft at the wrong altitude. The oncoming aircraft which I believe was white, represented the smallest visual target for me.

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Original NASA ASRS Text

Title: NMAC.

Narrative: I WAS FLYING AN SMT AT 9500' MSL ON A 42 DEG HDG. CLOUD TOPS WERE AT 8500' MSL. A WHITE AIRPLANE PASSED TO MY LEFT APPROX 50' AWAY. I WAS IN RADAR CONTACT WITH, I BELIEVE, WASHINGTON CENTER AND HAD BEEN ISSUED AND WAS USING A XPONDER CODE. I WOULD RATHER HAVE HAD THE CTLR NOT ACCEPT ME INTO THE SYSTEM IF HE WAS TOO BUSY. CERTAINLY THE CTLRS DICTUM TO ME TO MAINTAIN VFR DOES NOT RELIEVE HIM OF THE RESPONSIBILITY TO WARN ME OF AN ONCOMING ACFT AT THE WRONG ALT. THE ONCOMING ACFT WHICH I BELIEVE WAS WHITE, REPRESENTED THE SMALLEST VISUAL TARGET FOR ME.

Data retrieved from NASA's ASRS site as of August 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.