MU-2
Flight Crew Air Transport Pilot (ATP); Flight Crew Flight Instructor; Flight Crew Multiengine
Flight Crew Last 90 Days 75; Flight Crew Total 13000; Flight Crew Type 3000
Communication Breakdown; Confusion; Situational Awareness
Conflict NMAC; Deviation - Altitude Excursion From Assigned Altitude; Deviation / Discrepancy - Procedural Clearance
Air Traffic Control Provided Assistance; Flight Crew FLC Overrode Automation; Flight Crew Requested ATC Assistance / Clarification; Flight Crew Took Evasive Action
Human Factors; Aircraft
ON IFR clearance departing BPT; climbing as assigned on 195 radial to the 50 DME fix; I was in the co-pilot seat (not flying). The first Houston Controller advised us of traffic off our left with no transponder/unverified. We advise negative contact. We were headed toward the sunrise in the bright haze. After handoff to next controller; we were told that it was no longer observed. Approximately 7;000-8;000 feet; I saw what appeared to be a twin Cessna of some type out of the pilot's window. (Filling the window due to the close proximity.) It was coming from our 8-9 o'clock (under the wing tip) moving toward our 2 o'clock; and it passed directly under our nose. As soon as I saw it; I disconnected the autopilot and made an abrupt pull up maneuver to gain some space between aircraft. When I first saw it; he was probably 100-200 feet closing directly at us. There was no traffic alert. We did not see any target on our traffic display until after I reported the incident to ATC and inquired if he had a transponder. The controller apologized and said he was showing a transponder...which we now depicted on our display (apparently he turned it on after the near miss).
MU-2 pilot reported an NMAC with another aircraft. Reporter suggested that the other aircraft did not have an operating transponder at the time of conflict.