Narrative:

I, the flight instrument, was in left closed traffic with my student turning from crosswind to downwind. The small aircraft X passed directly below me, opp direction, no more than 50' vertical sep. After talking with the tower controller after landing, he told me that small aircraft X was on the VOR 19R approach (VFR conditions) and was restr above 1000'. Since he passed below me and I was at 700' MSL, he did not adhere to that restriction. He also failed to report at the VOR, which would have enabled the tower to advise me of this presence. Tower did not know he was there until I reported the near miss. Radar control at ccr would have prevented this, and possible frequency congestion prevented his calling the VOR. Evasive action was taken after the near miss when he started climbing back in my direction. Supplemental information from acn 111369: we were on an NDB approach to ccr on IFR clearance. Travis RAPCON terminated radar. Ccr asked us to report ccfaf. Student did--no acknowledgement from ccr tower. Student repeated report. Traffic was very heavy. As we approached traffic pattern at 740' MSL (MDA) I saw small aircraft Y on collision course from left. I pushed over and we passed within 'feet'--so close that I could hear the propeller beat of the aircraft. The aircraft didn't see us until after it was over--then he reported near midair collision!! Local controller failed to provide positive sep from VFR traffic and IFR traffic on approach. Ccr tower then said we hadn't reported the FAF; however, I believe we reported it twice. Can't swear if they acknowledged or not due to vol of traffic.

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Original NASA ASRS Text

Title: SMA X ON AN NDB APCH CAME IN CLOSE PROX TO SMA Y IN THE TRAFFIC PATTERN.

Narrative: I, THE FLT INSTR, WAS IN LEFT CLOSED TFC WITH MY STUDENT TURNING FROM XWIND TO DOWNWIND. THE SMA X PASSED DIRECTLY BELOW ME, OPP DIRECTION, NO MORE THAN 50' VERT SEP. AFTER TALKING WITH THE TWR CTLR AFTER LNDG, HE TOLD ME THAT SMA X WAS ON THE VOR 19R APCH (VFR CONDITIONS) AND WAS RESTR ABOVE 1000'. SINCE HE PASSED BELOW ME AND I WAS AT 700' MSL, HE DID NOT ADHERE TO THAT RESTRICTION. HE ALSO FAILED TO RPT AT THE VOR, WHICH WOULD HAVE ENABLED THE TWR TO ADVISE ME OF THIS PRESENCE. TWR DID NOT KNOW HE WAS THERE UNTIL I RPTED THE NEAR MISS. RADAR CTL AT CCR WOULD HAVE PREVENTED THIS, AND POSSIBLE FREQ CONGESTION PREVENTED HIS CALLING THE VOR. EVASIVE ACTION WAS TAKEN AFTER THE NEAR MISS WHEN HE STARTED CLBING BACK IN MY DIRECTION. SUPPLEMENTAL INFO FROM ACN 111369: WE WERE ON AN NDB APCH TO CCR ON IFR CLRNC. TRAVIS RAPCON TERMINATED RADAR. CCR ASKED US TO RPT CCFAF. STUDENT DID--NO ACKNOWLEDGEMENT FROM CCR TWR. STUDENT REPEATED RPT. TFC WAS VERY HEAVY. AS WE APCHED TFC PATTERN AT 740' MSL (MDA) I SAW SMA Y ON COLLISION COURSE FROM LEFT. I PUSHED OVER AND WE PASSED WITHIN 'FEET'--SO CLOSE THAT I COULD HEAR THE PROP BEAT OF THE ACFT. THE ACFT DIDN'T SEE US UNTIL AFTER IT WAS OVER--THEN HE RPTED NMAC!! LCL CTLR FAILED TO PROVIDE POSITIVE SEP FROM VFR TFC AND IFR TFC ON APCH. CCR TWR THEN SAID WE HADN'T RPTED THE FAF; HOWEVER, I BELIEVE WE RPTED IT TWICE. CAN'T SWEAR IF THEY ACKNOWLEDGED OR NOT DUE TO VOL OF TFC.

Data retrieved from NASA's ASRS site as of August 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.