Dear CivilAir people et al.
I have to bugga a good story with facts, but I'm gonna anyway
The VFR Cessna 421, VH-AAI was 23 miles north of Canty (75 from ml) at 17,500'. Normal approach for Virgin at that point would be 22,500'.
There were 2 IFR aircrat in the area, the Virgin and an RFDS.
The VFR called for a clearance into ML 7 minutes before the TCAS alert and was adviced that no ALT was seen. Transponder was recycled
7 minutes prior to the TCAS alert and ALT info was acknowledged!!!
ATC then advised "we have you at 17,500, but not VFR clearance available due Wx at ML" (or words to that effect).
Cessna is offered IFR as alternative and accepts. (That is not actually up to ATC but I accept is was done out of professionalism) This is 25 NW Canty.
Cessna was given code and
turned right 90 degrees from the direct Canty ML track under ATC control! This turn directed the Cessna closer to the Virgin.The Cessna flies three minutes more under ATC control.
Cessna hears Virgin decent modified to 18,000. Virgin has Cessna visual and requests descent through Cessnas level, this is denied due to lack of lateral separation (my interpretation: this is an interesting point, the Cessna is still VFR in E, the rules allow this, has it occured the TCAS alert may not have triggered. Nontheless it also shows the controller was separating the aircraft as if they were both IFR).
The turn was probably to get more lateral separation, however it placed the Cessna closer to the Virgin with only 500' vertical separation and thus the TCAS sounded.
My interpretation. This is not in my view a NAS failure. In I believe fact if correct NAS procedures in E had been followed the Virgin could have descended through the Cessna's level befoire the conflict.
It seems to me that this occured while the two aircraft were both being treated as IFR and separated. It seems to me then that this would have happened the same way pre NAS and that proves to me that the CivilAir campaign is a blow up.
But then, why spoil a good public scaring press release with any truth!!!!
AK