This is an excerpt from a report made to the Aviation Safety Reporting System. The narrative is written by the pilot, rather than FAA or NTSB officials. To maintain anonymity, many details, such as aircraft model or airport, are often scrubbed from the reports.
I requested VFR flight following to ZZZ1 (a westerly departure) on the ground with ZZZ ground. I was issued a squawk code and frequency. I was subsequently cleared for takeoff by ZZZ Tower.
I was on initial climb out and began a turn to the west. I heard an aircraft report, “we have a Cherokee right in front of us!” At that moment my traffic information system called, “traffic same altitude nine o’clock.”
I looked again to my left and saw a high wing aircraft within 100 feet of me at the same altitude! He was so close I thought we were going to collide! I had little time to react and the aircraft passed within a few feet behind me.
I pressed the PTT switch and said, “that was close!” to which the (presumably) pilot of the other aircraft responded, “was that on purpose?” I responded “of course not!”
I don’t understand this comment. It was as if Aircraft Y saw the impending convergence and decided to remain on course even though I was on his right side.
A few seconds later ZZZ Tower initiates my hand off to contact Approach. I responded with, “ZZZ Tower, go ahead with your telephone number” as I was incredibly shaken up from the extreme near miss and wanted to debrief post landing.
Why did the controller not prevent this?
Many minutes after my near miss the ZZZ Tower controller comes on frequency and advises all traffic the radar is out of service or intermittent. I understand that equipment can fail, however, he should have had a mental picture of proceedings and not cleared Aircraft Y for an extended right downwind to Runway XX when I was departing for a westerly destination.
After landing I called the ZZZ Tower and spoke to the Tower supervisor. Upon replaying the audio from LiveATC.net, I discovered the following. I think the near miss aircraft was Aircraft Y, a flight school aircraft based at ZZZ. There is an apparent familiarity between the controller and the (presumably) CFI onboard Aircraft Y.
Primary Problem: ATC Equipment
ACN: 1839633
“I heard an aircraft report, “we have a Cherokee right in front of us”! At that moment my traffic information system called, “traffic same altitude nine o’clock”. I looked again to my left and saw a high wing aircraft within 100 feet of me at the same altitude!”
Hmmmm… Aircraft X (writer) was a SR-22. Aircraft Y (CFI + Student) was a PA-28.
So who’s in the “high wing aircraft”? Sounds like the fog of war was a factor.
In his Assesment of Contributing Factors, failure to “See & Avoid” is never mentioned.
Was there a turn at pilots discretion?
It would appear the turn was into the downwind pattern, and his right side doesn’t count when you turned 90 degrees into him. And you apparently weren’t looking where you were going in order to turn into a downwind aircraft that closely, 100 feet. Remember, it’s your responsibility to “See and Avoid”, flight following or not. Good thing THEY were looking. This would be a different story.
If I remember correctly an extended downwind is at the over end of the runway, not the departure end.
Perhaps you’re relying on a “traffic information system” and ATC a little too much.
Relying on ATC solely leads to ignoring THE OUTSIDE WORLD INDICATOR DEVICE.
Controllers advise and coordinate. They do not control.