Narrative:

Our aircraft was on a downwind departure which we had announced on CTAF. The baron was approaching the airport and announced a 2 mi 45 degree position. We were looking for traffic and were above pattern altitude so were surprised to see the baron above and approaching. We assumed he was descending to pattern altitude and could not see us (both assumptions apparently correct given our later radio exchange) and initiated a descent. While altering our flight path to separate the airplanes horizontal. He passed well over us but apparently saw us afterwards and was shaken up. He addressed us on the radio and asked us where we thought we were going. I replied 'we're departing the pattern on downwind.' he inquired if we had seen him and I replied in the affirmative. He then advised me I should have made a radio call. Not wanting to discuss the particulars on a congested frequency, I replied that I had advised my intentions. He replied, 'that's fine if you want to end up dead!' I would have liked to explain to him that once I saw him I was busy altering my course and descending, and didn't prioritize using the radio. Had I called my turn to downwind it would have been better for us. I concede, I did not. However, expect a pilot calling in on the 45 degrees to be 1000 ft or more above pattern altitude. I believe we had adequate separation but regret upsetting the other pilot, and once we had passed I probably should have called him first. It is always tricky to decide how much radio is enough in a congested frequency setting.

Google
 

Original NASA ASRS Text

Title: NMAC BTWN A PA28 CLBING OUT ON THE DOWNWIND LEG OF AN UNCTLED ARPT AND A BEECH BARON ENTERING THE PATTERN ON A 45 DEGS TO DOWNWIND LEG 1000 FT ABOVE THE PATTERN ALT.

Narrative: OUR ACFT WAS ON A DOWNWIND DEP WHICH WE HAD ANNOUNCED ON CTAF. THE BARON WAS APCHING THE ARPT AND ANNOUNCED A 2 MI 45 DEG POS. WE WERE LOOKING FOR TFC AND WERE ABOVE PATTERN ALT SO WERE SURPRISED TO SEE THE BARON ABOVE AND APCHING. WE ASSUMED HE WAS DSNDING TO PATTERN ALT AND COULD NOT SEE US (BOTH ASSUMPTIONS APPARENTLY CORRECT GIVEN OUR LATER RADIO EXCHANGE) AND INITIATED A DSCNT. WHILE ALTERING OUR FLT PATH TO SEPARATE THE AIRPLANES HORIZ. HE PASSED WELL OVER US BUT APPARENTLY SAW US AFTERWARDS AND WAS SHAKEN UP. HE ADDRESSED US ON THE RADIO AND ASKED US WHERE WE THOUGHT WE WERE GOING. I REPLIED 'WE'RE DEPARTING THE PATTERN ON DOWNWIND.' HE INQUIRED IF WE HAD SEEN HIM AND I REPLIED IN THE AFFIRMATIVE. HE THEN ADVISED ME I SHOULD HAVE MADE A RADIO CALL. NOT WANTING TO DISCUSS THE PARTICULARS ON A CONGESTED FREQ, I REPLIED THAT I HAD ADVISED MY INTENTIONS. HE REPLIED, 'THAT'S FINE IF YOU WANT TO END UP DEAD!' I WOULD HAVE LIKED TO EXPLAIN TO HIM THAT ONCE I SAW HIM I WAS BUSY ALTERING MY COURSE AND DSNDING, AND DIDN'T PRIORITIZE USING THE RADIO. HAD I CALLED MY TURN TO DOWNWIND IT WOULD HAVE BEEN BETTER FOR US. I CONCEDE, I DID NOT. HOWEVER, EXPECT A PLT CALLING IN ON THE 45 DEGS TO BE 1000 FT OR MORE ABOVE PATTERN ALT. I BELIEVE WE HAD ADEQUATE SEPARATION BUT REGRET UPSETTING THE OTHER PLT, AND ONCE WE HAD PASSED I PROBABLY SHOULD HAVE CALLED HIM FIRST. IT IS ALWAYS TRICKY TO DECIDE HOW MUCH RADIO IS ENOUGH IN A CONGESTED FREQ SETTING.

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.