Date: 201508
Local time of day: 0601-1200
Location: FLL.Airport, FL
Flight conditions: VMC
Light: Daylight
Aircraft: Large Transport; Low Wing; 2 Turbojet Eng
Operator: Air Carrier
Operating under: Part 121
Flight plan: IFR
Mission: Passenger
Flight phase: Descent
Airspace: Class E ZMA
ATC / advisory: TRACON MIA
Second aircraft: Small Aircraft; Low Wing; 2 Eng; Retractable Gear
Reporter organization: Air Carrier
Reporter function: First Officer; Pilot Not Flying
Reporter qualification: Flight Crew Air Transport Pilot (ATP)
Human factors: Situational Awareness; Distraction; Confusion; Workload
Anomaly: Conflict Airborne Conflict; Deviation / Discrepancy - Procedural FAR; Deviation / Discrepancy - Procedural Published Material / Policy
Detector: Automation Aircraft TA; Person Flight Crew
When detected: In-flight
Result: Air Traffic Control Issued New Clearance; Flight Crew Became Reoriented; Flight Crew Took Evasive Action
Contributing factors: Airspace Structure; Human Factors; Procedure
Primary problem: Human Factors

Narrative: On the JINGL 4 arrival between JAREM and BEPAC; we were level at 7000 feet. We were given a TA (traffic alert) by our TCAS. I changed the scale to identify the target and discovered that he was within 10 miles at our altitude and coming straight at us. Within a short time atc issued a traffic alert and told us to turn south (right hand turn) and said he was not talking to the other aircraft. Within seconds we received an RA (descend command) and we did; a moment later atc issued a descent to 6000 clearance. As we made a turning descent I looked up and to my left and saw a small twin engine light GA aircraft pass above and beside us off the port side of the aircraft. Once we were clear of the conflict; we were recleared to BEPAC and told to maintain 6000 ft. Had we not reacted; I have no doubt that a collision would have occurred.I believe this occurred mostly because of the other pilots actions. He was cruising west bound at an odd altitude (7000 feet) and evidently flying VFR (not talking to Miami anyway) but not flying VFR altitudes (altitude plus 500 feet). At least he did have a Mode C transponder on and operating.When the FAA and the NTSB investigated and attempted to remedy the high profile collisions between GA aircraft and airliners like [San Diego collision 1978] and [Cerritos DC-9 midair] they redesigned airspace from Terminal control areas to Class B; C and D. I believe the intent of the design was to keep airliners above 10;000 until within 30 miles of the airport and then enter the class B from the top keeping the aircraft protected due to the clearance required to enter the airspace and the positive control over traffic once inside the controlled airspace. Often times today we are forced down early to accommodate ATC and high density airports. FLL is in Class C airspace but is arguable a pretty darn busy Class C based on the number of airline operations and the amount of training and VFR traffic in the area. I know the other solution to potential mid airs is transponders and TCAS but below 10;000 feet transponders are not required in Class E airspace which is what we were operating in at the time of the incident. Had it not been for this guys transponder and our TCAS I'm sure we would have had a collision. I am not an air traffic controller and cannot begin to imagine walking a day in their shoes but I do believe that creating or allowing procedures that put airliners in high density airspace that is not under positive control or at the very least requiring transponders; we are likely gravely endangering the traveling public.




Synopsis: An air carrier pilot at 7;000 FT on the FLL JINGL 4 RNAV Arrival received a TCAS RA descend advisory caused by VFR traffic westbound at 7;000 FT. During the evasion; MIA TRACON issued a descent to 6;000 FT. The reporter saw a light twin pass above to their left.