Narrative:

Tower contact was made north of the jone's beach monument. I was instructed to report right downwind to runway 19. Humidity was high. Visibility was 6 or 7 mi in haze with 3000 ft scattered layer, clear above. The sun was shining. It was very bright. While still on an angled entry to right downwind, I suddenly saw a white katana start leisurely banking onto a very wide right downwind about 100 ft to my right! They clearly did not see me. Nor did I hear anything on frequency about the katana. I later learned it was an instructional flight of touch and goes and there was no communication about them since the last 'cleared to land.' since we were on a collision course, a second or 2 from impact, I banked hard to my left and keyed the microphone. I stuttered out something like 'XXX has airplane close on right side! Doing left 360!' the controller started reprimanding me in the air about trying to do a 360 in his pattern. He said he controls the pattern, not me. I said it was to avoid a collision. He continued to be angry. In my heightened state of mind I sarcastically said, 'I guess I'll have to call an emergency next time.' ground control told me to call the tower. The controller said he wasn't going to stand for any wise guys in his pattern. He threatened to take the tape to the FSDO. I sincerely apologized and tried to explain that I had the wits scared out of me. Declaring a 360 degree turn was the first evasive thing I thought of. No one was in the pattern behind me and I knew that. The more I tried to open up to him about what happened in the air, the angrier he got. I was about to tell him that what I needed at that moment, just after a near midair, was direction, not intimidation. He had truly rattled me in the air when I was most vulnerable. I thought better of saying that. I just kept my mouth shut. I only said 'I understand' and 'I apologize' after realizing the extent of his fury. Yes, I was at fault for not seeing the katana in time. It's a small white airplane and very hard to see from straight ahead, especially in bright haze, but not uncommon in our pattern. I was on an angled entry to the downwind with the runway threshold as my target. That katana was wide to be where I was. He was on my right, but I must have been straight ahead for him. I believe the katana shares fault, albeit less -- after all, I was the one entering the pattern. In retrospect, my comment about declaring an emergency next time was inappropriate. That comment was said to sarcastically underscore the severity of what just almost happened. Something the controller didn't comprehend or was completely ignoring. If the controller or I had kept our cool, the post near miss conversations would never have occurred. I was panicked, but took the initial proper action of turning away and telling the controller what was happening and what I was doing. The controller lashed me verbally before I had time to mentally recover my wits. My load was very high at the moment as I tried to reacquire the katana, and confirm airspeed, attitude, altitude, and discuss the ownership of the pattern with this controller. I didn't have time to think. The controller could have calmly said something like, 'XXX, negative that 360, fly a wide downwind outside the katana.' or maybe 'XXX, depart pattern and to the west and call with intentions.' or anything else except yelling.

Google
 

Original NASA ASRS Text

Title: A PA32 ENTERING DOWNWIND LEG OBSERVES A LIGHT ACFT IN THE PATTERN IN CLOSE PROX AT THE LAST MOMENT AND MAKES A L 360 DEG TURN AWAY FROM THE ACFT. THE LCL CTLR REPRIMANDED THE RPTR FOR MAKING A TURN WITHOUT ATC APPROVAL.

Narrative: TWR CONTACT WAS MADE N OF THE JONE'S BEACH MONUMENT. I WAS INSTRUCTED TO RPT R DOWNWIND TO RWY 19. HUMIDITY WAS HIGH. VISIBILITY WAS 6 OR 7 MI IN HAZE WITH 3000 FT SCATTERED LAYER, CLR ABOVE. THE SUN WAS SHINING. IT WAS VERY BRIGHT. WHILE STILL ON AN ANGLED ENTRY TO R DOWNWIND, I SUDDENLY SAW A WHITE KATANA START LEISURELY BANKING ONTO A VERY WIDE R DOWNWIND ABOUT 100 FT TO MY R! THEY CLRLY DID NOT SEE ME. NOR DID I HEAR ANYTHING ON FREQ ABOUT THE KATANA. I LATER LEARNED IT WAS AN INSTRUCTIONAL FLT OF TOUCH AND GOES AND THERE WAS NO COM ABOUT THEM SINCE THE LAST 'CLRED TO LAND.' SINCE WE WERE ON A COLLISION COURSE, A SECOND OR 2 FROM IMPACT, I BANKED HARD TO MY L AND KEYED THE MIKE. I STUTTERED OUT SOMETHING LIKE 'XXX HAS AIRPLANE CLOSE ON R SIDE! DOING LEFT 360!' THE CTLR STARTED REPRIMANDING ME IN THE AIR ABOUT TRYING TO DO A 360 IN HIS PATTERN. HE SAID HE CTLS THE PATTERN, NOT ME. I SAID IT WAS TO AVOID A COLLISION. HE CONTINUED TO BE ANGRY. IN MY HEIGHTENED STATE OF MIND I SARCASTICALLY SAID, 'I GUESS I'LL HAVE TO CALL AN EMER NEXT TIME.' GND CTL TOLD ME TO CALL THE TWR. THE CTLR SAID HE WASN'T GOING TO STAND FOR ANY WISE GUYS IN HIS PATTERN. HE THREATENED TO TAKE THE TAPE TO THE FSDO. I SINCERELY APOLOGIZED AND TRIED TO EXPLAIN THAT I HAD THE WITS SCARED OUT OF ME. DECLARING A 360 DEG TURN WAS THE FIRST EVASIVE THING I THOUGHT OF. NO ONE WAS IN THE PATTERN BEHIND ME AND I KNEW THAT. THE MORE I TRIED TO OPEN UP TO HIM ABOUT WHAT HAPPENED IN THE AIR, THE ANGRIER HE GOT. I WAS ABOUT TO TELL HIM THAT WHAT I NEEDED AT THAT MOMENT, JUST AFTER A NEAR MIDAIR, WAS DIRECTION, NOT INTIMIDATION. HE HAD TRULY RATTLED ME IN THE AIR WHEN I WAS MOST VULNERABLE. I THOUGHT BETTER OF SAYING THAT. I JUST KEPT MY MOUTH SHUT. I ONLY SAID 'I UNDERSTAND' AND 'I APOLOGIZE' AFTER REALIZING THE EXTENT OF HIS FURY. YES, I WAS AT FAULT FOR NOT SEEING THE KATANA IN TIME. IT'S A SMALL WHITE AIRPLANE AND VERY HARD TO SEE FROM STRAIGHT AHEAD, ESPECIALLY IN BRIGHT HAZE, BUT NOT UNCOMMON IN OUR PATTERN. I WAS ON AN ANGLED ENTRY TO THE DOWNWIND WITH THE RWY THRESHOLD AS MY TARGET. THAT KATANA WAS WIDE TO BE WHERE I WAS. HE WAS ON MY R, BUT I MUST HAVE BEEN STRAIGHT AHEAD FOR HIM. I BELIEVE THE KATANA SHARES FAULT, ALBEIT LESS -- AFTER ALL, I WAS THE ONE ENTERING THE PATTERN. IN RETROSPECT, MY COMMENT ABOUT DECLARING AN EMER NEXT TIME WAS INAPPROPRIATE. THAT COMMENT WAS SAID TO SARCASTICALLY UNDERSCORE THE SEVERITY OF WHAT JUST ALMOST HAPPENED. SOMETHING THE CTLR DIDN'T COMPREHEND OR WAS COMPLETELY IGNORING. IF THE CTLR OR I HAD KEPT OUR COOL, THE POST NEAR MISS CONVERSATIONS WOULD NEVER HAVE OCCURRED. I WAS PANICKED, BUT TOOK THE INITIAL PROPER ACTION OF TURNING AWAY AND TELLING THE CTLR WHAT WAS HAPPENING AND WHAT I WAS DOING. THE CTLR LASHED ME VERBALLY BEFORE I HAD TIME TO MENTALLY RECOVER MY WITS. MY LOAD WAS VERY HIGH AT THE MOMENT AS I TRIED TO REACQUIRE THE KATANA, AND CONFIRM AIRSPD, ATTITUDE, ALT, AND DISCUSS THE OWNERSHIP OF THE PATTERN WITH THIS CTLR. I DIDN'T HAVE TIME TO THINK. THE CTLR COULD HAVE CALMLY SAID SOMETHING LIKE, 'XXX, NEGATIVE THAT 360, FLY A WIDE DOWNWIND OUTSIDE THE KATANA.' OR MAYBE 'XXX, DEPART PATTERN AND TO THE W AND CALL WITH INTENTIONS.' OR ANYTHING ELSE EXCEPT YELLING.

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.