Narrative:

Departing osh IFR runway heading; cleared to 3;000 feet MSL. Passing 1;800 feet two aircraft on the fisk arrival were passing from left to right at the same altitude. The second aircraft; a single engine piper; was about 300 feet in front of us; heading approximately 040 degrees. I maneuvered to the left; maintaining about a 300 feet separation; but close enough that I could read the north number of the aircraft. Neither aircraft appeared to take note of our aircraft; and made no avoidance corrections. Obviously; an IFR aircraft in VMC is responsible for 'see and avoid' which solved the problem. However; I believe that an initial altitude assignment of 1;300 feet until beyond the fisk arrival path to runway 27 would give 500 feet of vertical separation; and allow a safer transition from osh tower to milwaukee departure. It is ironic that all three aircraft were in positive ATC control; our aircraft with osh tower/milwaukee departure; and the VFR inbounds in contact with the fisk arrival controllers and osh tower. Of course; the fisk arrival aircraft are operating with their transponders off; so milwaukee departure would be unlikely to see their primary return.

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Original NASA ASRS Text

Title: RV8 pilot departing OSH reported an NMAC with an aircraft arriving on the FISK arrival.

Narrative: Departing OSH IFR runway heading; cleared to 3;000 feet MSL. Passing 1;800 feet two aircraft on the FISK arrival were passing from left to right at the same altitude. The second aircraft; a single engine Piper; was about 300 feet in front of us; heading approximately 040 degrees. I maneuvered to the left; maintaining about a 300 feet separation; but close enough that I could read the N number of the aircraft. Neither aircraft appeared to take note of our aircraft; and made no avoidance corrections. Obviously; an IFR aircraft in VMC is responsible for 'see and avoid' which solved the problem. However; I believe that an initial altitude assignment of 1;300 feet until beyond the FISK arrival path to Runway 27 would give 500 feet of vertical separation; and allow a safer transition from OSH Tower to Milwaukee Departure. It is ironic that all three aircraft were in positive ATC control; our aircraft with OSH Tower/Milwaukee Departure; and the VFR inbounds in contact with the FISK arrival controllers and OSH Tower. Of course; the FISK arrival aircraft are operating with their transponders off; so Milwaukee Departure would be unlikely to see their primary return.

Data retrieved from NASA's ASRS site and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.