SMA PLT ON IFR FLT PLAN SIGHTS TFC SAME ALT AT 12 O'CLOCK NOT IN CONTACT WITH ATC; NO RADAR TARGET. DEVIATES AS HE IS OVERTAKING TFC.

Narrative

I WAS TRAVELING FROM SUS ARPT TO DAY ARPT IN MY SMA ON AN IFR FLT PLAN ON V-12 EBOUND AT 7000 FT. SKY CONDITIONS WERE A BROKEN CLOUD LAYER BELOW WITH TOPS AT 6000 FT; CIRRUS ABOVE. I WAS IN CONTACT WITH CTR. I NOTICED A STATIONARY TARGET AT 12 O'CLOCK AT MY ALT. I REALIZED THIS WAS A SLOWER MOVING PLANE TRAVELING IN THE SAME DIRECTION AND THAT I WAS CLOSING. THE OTHER ACFT WAS LESS THAN 1 MI. I BEGAN AN IMMEDIATE L TURN TO AVOID THE TFC. I CALLED CTR AND ASKED IF THEY HAD ANY TFC. THE CTLR SAID HE HAD NO OTHER TRANSPONDER READOUT IN MY VICINITY. I TOLD HIM I HAD TFC AT 12 O'CLOCK AT MY ALT; LESS THAN 1 MI AND HE TOLD ME TO DEVIATE AS NECESSARY; WHICH I HAD ALREADY DONE. I NOTED THE TFC OFF TO MY R AT APPROX 1/2 MI. I RPTED THE CONFLICT RESOLVED. THE CTLR ASKED IF THE PLANE WAS CLBING AND I TOLD HIM I THOUGHT IT WAS. I BELIEVE THE OTHER PLT WAS OPERATING ILLEGALLY; AS HE WAS NOT MAINTAINING ADEQUATE SEPARATION FROM CLOUDS IN CTLED AIRSPACE. I ALSO FEEL THAT THE LACK OF AN OPERATING TRANSPONDER IN HIS AIRPLANE CONTRIBUTED TO AN UNSAFE OP. THE LESSON I LEARNED FROM THIS INCIDENT IS TO ALWAYS LOOK FOR TFC WHEN IFR; AND NOT BECOME COMPLACENT; EVEN WHEN YOU THINK CONDITIONS PRECLUDE VFR OPS.