NMAC BTWN 2 ACR OPPOSITE DIRECTION TFC. COMMUTER OPS. PROX OF MULTIPLE ARPTS. SEE AND AVOID CONCEPT INADEQUATE IN THESE CIRCUMSTANCES.

Narrative

DEPARTED EWR RWY 29 VFR TO AVP. WHILE WE WERE STILL IN EWR'S ATA; THE CTLR SAID TO PROCEED 'ON COURSE' TO AVP. APPROX 8 NM NW OF EWR RADAR SVC WAS TERMINATED. WE OBSERVED OPPOSITE DIRECTION TFC ON OUR TCASII AND SOON PICKED THE TFC UP VISUALLY. I DSNDED TO AVOID A COLLISION (RA ON TCASII GAVE US 'DSND') AND THE ACFT PASSED OVERHEAD APPROX 200 - 300 FT. WHILE PREOCCUPIED WITH THAT TFC; WE FOUND OURSELVES IN THE MMU ATA. (NOTE -- THE CEILING OF THE MMU ATA AND THE FLOOR OF THE EWR TCA COINCIDE. BOTH EWR AND MMU ATA'S ARE SEPARATED BY ONLY A FEW MI AND IT WAS DURING THIS SHORT DISTANCE AFTER OUR RADAR SVC WAS TERMINATED WE BECAME PREOCCUPIED WITH THE TFC/TCASII RA). DO NOT ASSUME THAT THE CTLR'S 'ON COURSE' WILL INCLUDE HDOF COM TO AN ADJACENT ATA (AS IN THIS SIT) IN THE EVENT RADAR SVC IS TERMINATED. WE WERE ON DUTY FOR ALMOST 12 HRS AND THIS WAS THE SEVENTH LEG OF AN 8 LEG DAY. DECISION MAKING COULD BE AFFECTED BY FATIGUE. SUPPLEMENTAL INFO FROM ACN 270615: A SAAB 340 PASSED ABOVE US OPPOSITE DIRECTION OFF OUR L. I CALLED BACK TO EWR DEP FOR A FREQ. SPOKE TO NEXT CTLR WHO STATED WE SHOULD HAVE CONTACTED MORRISTOWN CTL TWR TO TRANSITION FOR FUTURE REF. I FEEL I WAS LED DOWN THIS PATH BY EWR DEP CTLR WHO DID NOT WARN ME OF MORRISTOWN ARPT. BY THE TIME HE SWITCHED ME AND BECAUSE OF TA ON TCASII; I WAS LOCKED IN MY INABILITY TO CLB. EVEN WITHOUT TCASII ALERT; I WAS TOO CLOSE TO MORRISTOWN TO DO ANYTHING BUT FLY OVERHEAD. OUR COMPANY HAS NOT ISSUED VFR CHARTS AND OUR COMPANY MANUAL STATES WE CAN USE LOW ALT ENRTE CHARTS FOR VFR NAVIGATING.