Narrative:

I was transitioning up the detroit river on small aircraft X in contact with det approach. As I got near detroit city (the city, not the airport) they suggested calling det tower. I did and advised I would be orbiting det at 2300' MSL. When finished, I called and asked permission to fly northbound to romeo along van dyke. The controller said that was ok, and I continued at 2300' MSL since that was the altitude I told them I would be maintaining. As we were transitioning through the air traffic area, I recall the frequency being very congested; i.e., the controller was reading clrncs so I assumed she was working clearance (I later discovered she was also working ground). There were also many aircraft arriving and departing, which she was trying to sequence. Just northwest of the airport, approximately over 10 mi road and van dyke, my passenger/student pointed out traffic below us and to the right, appearing as if coming up from under the right wing. It was an small aircraft Y that had departed city (based there) and climbing to 3500' MSL on about a course of 355 degrees. We were tracking 360 degrees. I am unsure of the distance, approximately 30' or so, but the north# and faces were clearly visible. I then swerved (banked) to the left, maintaining altitude. I am unsure what the small aircraft Y did because he was behind me. (After talking to the pilot later, I discovered he was doing 70 KIAS in a climb, and I was cruising at 150 KIAS.) I then called the tower to report the near midair. The controller gave me the phone #, asked if I was out of the air traffic area, which at that time I was, and then I switched frequency. It appeared as though the controller was unsure of my position the entire time. When another aircraft called to enter the air traffic area after, she said,' be advised there are numerous aircraft northeast of the airport.' I think she meant the small aircraft Y and me, and if she did, we weren't northeast, we were northwest. Once on the ground, I called tower and a man answered. He asked who I wanted to file the report against and I said the controller. He advised that I could, but it wouldn't be a good idea because the air traffic area is see and be seen environment and he said something to the effect of, 'the FAA would go after you and not us.' I then told him I just wanted her to be aware of what happened, figuring if nobody said anything, then nobody would know. He said she was aware and I said I wouldn't't file a report. I later found out the other pilot filed a report. Supplemental information from acn 142509: my student and I were climbing out of det. I did not see the other aircraft until it passed over the top and left side of our small aircraft Y from behind. Tower controller was also working ground and clearance. The airport started getting busy and I never new the traffic was coming. I was cleared to takeoff and fly northbound and I found out that the X was cleared northbound through the air traffic area. Neither of us were warned.

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Original NASA ASRS Text

Title: SMA OVERFLT TRANSITIONING ATA WITH PROPER ATC RADIO CONTACT HAS NMAC WITH DEP ACFT.

Narrative: I WAS TRANSITIONING UP THE DETROIT RIVER ON SMA X IN CONTACT WITH DET APCH. AS I GOT NEAR DETROIT CITY (THE CITY, NOT THE ARPT) THEY SUGGESTED CALLING DET TWR. I DID AND ADVISED I WOULD BE ORBITING DET AT 2300' MSL. WHEN FINISHED, I CALLED AND ASKED PERMISSION TO FLY NBOUND TO ROMEO ALONG VAN DYKE. THE CTLR SAID THAT WAS OK, AND I CONTINUED AT 2300' MSL SINCE THAT WAS THE ALT I TOLD THEM I WOULD BE MAINTAINING. AS WE WERE TRANSITIONING THROUGH THE ATA, I RECALL THE FREQ BEING VERY CONGESTED; I.E., THE CTLR WAS READING CLRNCS SO I ASSUMED SHE WAS WORKING CLRNC (I LATER DISCOVERED SHE WAS ALSO WORKING GND). THERE WERE ALSO MANY ACFT ARRIVING AND DEPARTING, WHICH SHE WAS TRYING TO SEQUENCE. JUST NW OF THE ARPT, APPROX OVER 10 MI ROAD AND VAN DYKE, MY PAX/STUDENT POINTED OUT TFC BELOW US AND TO THE RIGHT, APPEARING AS IF COMING UP FROM UNDER THE RIGHT WING. IT WAS AN SMA Y THAT HAD DEPARTED CITY (BASED THERE) AND CLBING TO 3500' MSL ON ABOUT A COURSE OF 355 DEGS. WE WERE TRACKING 360 DEGS. I AM UNSURE OF THE DISTANCE, APPROX 30' OR SO, BUT THE N# AND FACES WERE CLEARLY VISIBLE. I THEN SWERVED (BANKED) TO THE LEFT, MAINTAINING ALT. I AM UNSURE WHAT THE SMA Y DID BECAUSE HE WAS BEHIND ME. (AFTER TALKING TO THE PLT LATER, I DISCOVERED HE WAS DOING 70 KIAS IN A CLB, AND I WAS CRUISING AT 150 KIAS.) I THEN CALLED THE TWR TO RPT THE NEAR MIDAIR. THE CTLR GAVE ME THE PHONE #, ASKED IF I WAS OUT OF THE ATA, WHICH AT THAT TIME I WAS, AND THEN I SWITCHED FREQ. IT APPEARED AS THOUGH THE CTLR WAS UNSURE OF MY POS THE ENTIRE TIME. WHEN ANOTHER ACFT CALLED TO ENTER THE ATA AFTER, SHE SAID,' BE ADVISED THERE ARE NUMEROUS ACFT NE OF THE ARPT.' I THINK SHE MEANT THE SMA Y AND ME, AND IF SHE DID, WE WEREN'T NE, WE WERE NW. ONCE ON THE GND, I CALLED TWR AND A MAN ANSWERED. HE ASKED WHO I WANTED TO FILE THE RPT AGAINST AND I SAID THE CTLR. HE ADVISED THAT I COULD, BUT IT WOULDN'T BE A GOOD IDEA BECAUSE THE ATA IS SEE AND BE SEEN ENVIRONMENT AND HE SAID SOMETHING TO THE EFFECT OF, 'THE FAA WOULD GO AFTER YOU AND NOT US.' I THEN TOLD HIM I JUST WANTED HER TO BE AWARE OF WHAT HAPPENED, FIGURING IF NOBODY SAID ANYTHING, THEN NOBODY WOULD KNOW. HE SAID SHE WAS AWARE AND I SAID I WOULDN'T'T FILE A RPT. I LATER FOUND OUT THE OTHER PLT FILED A RPT. SUPPLEMENTAL INFO FROM ACN 142509: MY STUDENT AND I WERE CLBING OUT OF DET. I DID NOT SEE THE OTHER ACFT UNTIL IT PASSED OVER THE TOP AND LEFT SIDE OF OUR SMA Y FROM BEHIND. TWR CTLR WAS ALSO WORKING GND AND CLRNC. THE ARPT STARTED GETTING BUSY AND I NEVER NEW THE TFC WAS COMING. I WAS CLRED TO TKOF AND FLY NBOUND AND I FOUND OUT THAT THE X WAS CLRED NBOUND THROUGH THE ATA. NEITHER OF US WERE WARNED.

Data retrieved from NASA's ASRS site as of July 2007 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.