Narrative:

We entered the pattern and did a touch and go to stay in right closed traffic. On the upwind leg, the controller told us that we were following the second helicopter on downwind. 2 helicopters were on right downwind, and we had them both in sight. The second helicopter was at our 2 O'clock, so we proceeded upwind, planning to make our turn to crosswind when the helicopter was abeam us. The controller told an small aircraft single engine land Y who was also in the pattern to follow us, which the pilot acknowledged. Due to noise abatement and sjc's class C airspace, local procedures call for a 20 degree turn to the right on the upwind leg, which we did. After the helicopter was abeam us, we turned to crosswind and then to downwind. Turning downwind, at traffic pattern altitude, we saw the small aircraft Y ahead to our right, not more than 25 ft away, also turning downwind. We took evasive action by diving and turning to left. The small aircraft Y had turned crosswind ahead of me, when he was told to follow me. The controller saw this occurrence and asked the small aircraft Y if he had his traffic (my small aircraft X). The pilot replied that he had me at his 6 O'clock position, the controller told him that he was supposed to be following me, not ahead of me. The small aircraft Y landed, and taxied off to park. We also landed, and I taxied to the administration building to use the phone. I called the tower and talked to the controller. He confirmed that I 'did everything right,' and that the small aircraft Y pilot had erred by turning crosswind ahead of me. I also asked the controller for the aircraft's registration number. He told me it was XXXX. I was flying small aircraft X, a single engine land. The controller also told me that small aircraft Y parks near (FBO), and that the pilot might be waiting for me. I found the parked airplane, and saw 3 men talking nearby. I approached them with my student and asked if one of them had been flying the small aircraft Y. One said that he had. I asked him if he had any idea of the severity of what he just did. He was belligerent and argumentative at first, but seemed remorseful for his actions after we had discussed the matter. The fact that he was in a low wing airplane, and I was in a high wing airplane, while turning to the right with me on the outside may have been a contributing factor as well.

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Original NASA ASRS Text

Title: STUDENT PLT OF AN SMA SINGLE ENG LAND ACFT TURNED DOWNWIND IN FRONT OF RPTR'S ACFT CONTRARY TO ATC INSTRUCTIONS RESULTING IN AN NMAC.

Narrative: WE ENTERED THE PATTERN AND DID A TOUCH AND GO TO STAY IN R CLOSED TFC. ON THE UPWIND LEG, THE CTLR TOLD US THAT WE WERE FOLLOWING THE SECOND HELI ON DOWNWIND. 2 HELIS WERE ON R DOWNWIND, AND WE HAD THEM BOTH IN SIGHT. THE SECOND HELI WAS AT OUR 2 O'CLOCK, SO WE PROCEEDED UPWIND, PLANNING TO MAKE OUR TURN TO XWIND WHEN THE HELI WAS ABEAM US. THE CTLR TOLD AN SMA SINGLE ENG LAND Y WHO WAS ALSO IN THE PATTERN TO FOLLOW US, WHICH THE PLT ACKNOWLEDGED. DUE TO NOISE ABATEMENT AND SJC'S CLASS C AIRSPACE, LCL PROCS CALL FOR A 20 DEG TURN TO THE R ON THE UPWIND LEG, WHICH WE DID. AFTER THE HELI WAS ABEAM US, WE TURNED TO XWIND AND THEN TO DOWNWIND. TURNING DOWNWIND, AT TFC PATTERN ALT, WE SAW THE SMA Y AHEAD TO OUR R, NOT MORE THAN 25 FT AWAY, ALSO TURNING DOWNWIND. WE TOOK EVASIVE ACTION BY DIVING AND TURNING TO L. THE SMA Y HAD TURNED XWIND AHEAD OF ME, WHEN HE WAS TOLD TO FOLLOW ME. THE CTLR SAW THIS OCCURRENCE AND ASKED THE SMA Y IF HE HAD HIS TFC (MY SMA X). THE PLT REPLIED THAT HE HAD ME AT HIS 6 O'CLOCK POS, THE CTLR TOLD HIM THAT HE WAS SUPPOSED TO BE FOLLOWING ME, NOT AHEAD OF ME. THE SMA Y LANDED, AND TAXIED OFF TO PARK. WE ALSO LANDED, AND I TAXIED TO THE ADMINISTRATION BUILDING TO USE THE PHONE. I CALLED THE TWR AND TALKED TO THE CTLR. HE CONFIRMED THAT I 'DID EVERYTHING RIGHT,' AND THAT THE SMA Y PLT HAD ERRED BY TURNING XWIND AHEAD OF ME. I ALSO ASKED THE CTLR FOR THE ACFT'S REGISTRATION NUMBER. HE TOLD ME IT WAS XXXX. I WAS FLYING SMA X, A SINGLE ENG LAND. THE CTLR ALSO TOLD ME THAT SMA Y PARKS NEAR (FBO), AND THAT THE PLT MIGHT BE WAITING FOR ME. I FOUND THE PARKED AIRPLANE, AND SAW 3 MEN TALKING NEARBY. I APCHED THEM WITH MY STUDENT AND ASKED IF ONE OF THEM HAD BEEN FLYING THE SMA Y. ONE SAID THAT HE HAD. I ASKED HIM IF HE HAD ANY IDEA OF THE SEVERITY OF WHAT HE JUST DID. HE WAS BELLIGERENT AND ARGUMENTATIVE AT FIRST, BUT SEEMED REMORSEFUL FOR HIS ACTIONS AFTER WE HAD DISCUSSED THE MATTER. THE FACT THAT HE WAS IN A LOW WING AIRPLANE, AND I WAS IN A HIGH WING AIRPLANE, WHILE TURNING TO THE R WITH ME ON THE OUTSIDE MAY HAVE BEEN A CONTRIBUTING FACTOR AS WELL.

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.