EVASIVE ACTION BY FLT CREWS OF ACR-LGT AND SMA TO AVOID MIDAIR COLLISION.

Narrative

LGT X DEPARTED NEWARK; NJ; AT XA49Z. TKOF AND INITIAL CLBOUT WERE NORMAL. LGT X WAS LEVEL AT 6000' WHEN ATC CALLED TFC 7000' DSNDING AT 3 MI AT 12 O'CLOCK. AT THAT TIME WE WERE ON A HDG OF 220 DEGS TO INTERCEPT 350 DEG R OFF OF COLTS NECK VOR. THE F/O REQUESTED A VECTOR. ATC GAVE US A VECTOR AND CALLED TFC OUT OF 6500'. AT THAT TIME THE CAPT SAW A SINGLE ENG. LOW FIXED WING SMA TYPE ACFT; WHITE WITH BROWN STRIPE IN OUR 11:30 POS. SINGLE ENG ACFT WAS STATIONARY IN PLT'S WINDSCREEN. CAPT THEN TOOK EVASIVE ACTION BY INITIATING A CLBING LEFT TURN. THE SINGLE ENG ACFT ALSO INITIATED A STEEP DIVE. SLANT RANGE DISTANCE TO ACFT WAS APPROX 150-200'. THE OTHER ACFT APPEARED TO BE WHITE WITH BROWN STRIP--TRICYCLE LNDG GEAR WITH WHEEL PANTS. THIS PROB OF CONFLICTING TFC IS NOT NEW. THE SINGLE ENG ACFT WAS PROBABLY ON A VFR CLRNC FLYING TO COLTS NECK FOR DSCNT. BECAUSE ATC CALLED HIS ALT; I ASSUME HE HAD A TRANSPONDER WITH ALT READOUT. I DON'T THINK THAT VFR TFC SHOULD BE ALLOWED TO FLY VFR AROUND MAJOR HUBS OR THEIR DEP ROUTES. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING: ALTHOUGH FLT CREW (CAPT) CALLED DEP CTL BY TELEPHONE; HE DID NOT ASCERTAIN WHETHER THE SMA WAS IN CONTACT WITH APCH CTL OR WHETHER THE SMA WAS IN THE TCA W/O A CLRNC. NO REASON WAS GIVEN WHY A TFC ALERT WAS NOT ISSUED BY THE CTLR. REPORTER SAID THAT THEY WOULD HAVE HIT THE OTHER ACFT IF EVASIVE ACTION HAD NOT BEEN TAKEN BY BOTH PLTS.