Small Aircraft; Low Wing; 1 Eng; Fixed Gear
Flight Crew Private
Flight Crew Total 101
Communication Breakdown; Confusion; Distraction
Conflict NMAC
Air Traffic Control Issued New Clearance; Flight Crew Took Evasive Action
Human Factors
A night flight departing CPS on an IFR cross country. While in contact with Departure Control another aircraft; 5;000 FT approaching BURKE; was matching our aircraft in speed and altitude. The aircraft was performing some type of maneuvers that were putting it in our path. ATC cleared us to a higher altitude 6;000 FT and allowed us a diversion to the right of our flight path. The aircraft matched our climb and came within 200 FT of our aircraft passing across our front. The aircraft then passed behind us and according to the GPS traffic warning system was within 100 FT behind us on the left side of the aircraft matching speed and altitude. ATC could not raise the aircraft on any frequency. After 10 minute the aircraft broke off and continued doing whatever it was doing. Whole event was between BURCK and NICKEL.
A pilot on an IFR night flight departed CPS and climbed to 5;000 FT where he had a near miss with an undentified aircraft which appeared to track him.