Date: 201908
Local time of day: 0601-1200
Location: N90.TRACON, NY
Light: Daylight
Aircraft: Skyhawk 172/Cutlass 172
Operator: Personal
Operating under: Part 91
Flight plan: None
Mission: Training
Flight phase: Cruise
Airspace: Class E ZNY
ATC / advisory: TRACON N90
Second aircraft: Cirrus Aircraft Undifferentiated
Reporter organization: Personal
Reporter function: Pilot Flying
Reporter qualification: Flight Crew Private
Human factors: Communication Breakdown; Situational Awareness
Anomaly: ATC Issue All Types; Conflict NMAC; Deviation / Discrepancy - Procedural Published Material / Policy
Detector: Automation Aircraft RA; Person Flight Crew
When detected: In-flight
Result: Flight Crew Took Evasive Action
Contributing factors: Procedure; Airspace Structure; Human Factors
Primary problem: Human Factors

Narrative: The first leg was conducted on an IFR flight plan; we then cancelled IFR and proceeded to MJX and made a stop. The incident occurred on the return flight from MJX to ZZZ; which was done VFR. We had a VFR flight plan on file due to the presidential TFR in Bedminster; and we had VFR flight following and a squawk through McGuire Approach. While cruising straight and level at 3500 ft. MSL my Instructor and I noticed oncoming traffic several miles out at approximately the same altitude on ADS-B. I was under the hood (foggles) but my Instructor immediately began scanning in the vicinity of where traffic was expected. After a few moments and unable to locate the oncoming traffic; my Instructor told me to take off the foggles and help him look for traffic. On ADS-B the two planes continued to proceed toward each other at approximately the same altitude and almost directly head-on. I diverted our plane to the right and steadily climbed a couple hundred feet. Shortly thereafter I saw the traffic pass to our left no more than a few hundred feet away. There was never any alert from ATC. I believe the primary cause of this was that we were cruising at 3500 ft. despite traveling on a westerly course; we should have been cruising at 4500 ft.; which is what we filed. I can't remember at this point why we were at that altitude; but reviewing the track log from that flight it appears that we initially chose 3500 ft. due to an initial heading directing us east of R5001 and over NEL. We then did not change altitudes after changing course to the west; nor were we instructed to by ATC; whom we were speaking with for flight following. The appropriate altitude might further have been blurred due to the flight path being almost directly (magnetic) north and varying between east and west depending on winds aloft. Our speculation on the secondary cause is that ATC did not notice the converging traffic due to being overwhelmed by higher than average traffic caused by the Presidential TFR. Part 91 flights from NYC area airports would typically be distributed in all directions; but it's possible that the Bedminster no-fly zone pushed more traffic to the south and west. We were shocked that we received no warnings from ATC before; during; or after the incident; and our immediate thought was that they did not notice due to traffic volume. We think this was caught in time due to both pilots' incorporation of ADS-B data into their instrument scans. We responded appropriately by ceasing simulated instrument flight and having both pilots looking outside the aircraft; and also by lightly deviating the course. Additionally; on the trip down (on an IFR flight plan) our altitudes were assigned by ATC; so we may have become complacent and expected altitude instructions on our VFR flight plan with flight following. In the future I will be more cognizant of appropriate VFR (and IFR) altitudes both when on IFR and VFR flight plans with flight following.




Synopsis: C172 pilot reported an NMAC without any traffic calls from ATC.