Skyhawk 172/Cutlass 172
Distraction; Confusion; Situational Awareness; Human-Machine Interface
ATC Issue All Types; Conflict NMAC
Flight Crew Requested ATC Assistance / Clarification; Flight Crew Took Evasive Action
Environment - Non Weather Related; Human Factors; Weather
I left the airport with clearance for a southwest departure. Upon reaching 800 feet; I started a turn to a 240 heading; climbing to 3;000 feet. As I turned to a heading of 240; the glare from the setting sun was directly in our face and I turned to a heading of 210 to allow for better vision. Approximately 10 miles southwest of the airport I picked up traffic on our screen; same altitude and appeared to be approaching head on. Because of the sun glare; I could not visually identify the traffic and continued searching. On the screen; the traffic appeared to be 2 miles out; same altitude and heading directly toward me. At 2 miles; my passenger identified the oncoming traffic and it appeared to not see us. The approaching traffic appeared to be slightly to my right and slightly above us. Given the speed of the approaching aircraft and my perception that it was not taking any action; I chose to break collision avoidance protocol and I turned left and began losing altitude quickly.The approaching pilot contacted Tower and indicated they never saw us on their screen and was complaining that I was in his space and did not move. I moved as soon as I visually identified the traffic and I broke from collision avoidance procedures because; in my opinion; a standard turn to the right would be far worse and potentially increase the likelihood of a mid-air collision. Tower confirmed that both pilots were VFR. I do not have the call sign of the other aircraft and I quickly informed ATC that we took action as soon as we visually identified the traffic and observed that the approaching aircraft was not taking any corrective action; indicating they did not see us.
We were in cruise flight at 3;000 feet approximately 8 miles south of the airport. My course was 050 degrees. I had just checked in with Tower; when we saw a white flash pass below our right wing. A high wing Cessna; 15 feet below. No time for evasive action. Our aircraft is equipped with GPS; and 978/1090ES ADS-B out. To my knowledge; the other aircraft is not ADS-B out equipped. We never saw the other aircraft before the event. However; he was in contact with Tower; which we had been monitoring the frequency for a few minutes. Tower never issued a traffic advisory even though frequency traffic was light; and we were clearly visible on his screen. When I queried whether the other aircraft had us in sight or on his screen; he admitted we were visible on his device screen; but he could not see us in the sun. So; both the Tower and the other aircraft knew about us; and neither one did or said anything until the event happened. Because of that; we nearly had a two-aircraft; triple-fatality accident. I did my part to see and avoid; and I share my part of responsibility in this. At the same time; two other participants had clear knowledge of my aircraft at 3;000 feet and did nothing.
Separate aircraft pilots reported a loss of visual contact due to environmental conditions resulting in a NMAC.