Narrative:

In the evening myself and a fellow flight instrument (also a cfii) were practicing instrument work. I had just completed a VOR approach and a localizer back course approach into runway 27L at melbourne regional. I was the PF (under the hood) and my friend was acting as safety pilot. After having completed the approachs we requested from patrick approach to do several turns in holding at the mlb VOR. I was instructed by patrick approach to hold south on the 180 degree right at 2500' left turns (non-standard). I had completed 1 turn and was established on the outbnd leg with a heading of 180 degree south. The safety pilot advised me at this time that there was another aircraft approaching us from the south at what appeared to be the same altitude. It was not clear to me at this time how close or how far the other aircraft was from us since I stayed on instruments and did not look up. Approximately 2/3 of the way through the turn from the outbnd to the inbound leg of the holding pattern the safety pilot took the controls and initiated an expeditious descent to a lower altitude. I immediately notified patrick approach of our actions (descent to lower altitude) and why (to avoid another aircraft that appeared to be on a collision course with ours). By the time we had started the descent and notified ATC we had descended to approximately 2100'. ATC then proceeded to chew our butts for deviating from an assigned altitude. The admonishment we received from the controller was a lengthy one. He advised us the other aircraft was at 3000'. Although that was not apparent to us. As we made the turn from the outbnd to the inbound the other aircraft was no longer in a position where we could see him. And, it was clear he was flying towards us because his landing/recognition lights were visible to the safety pilot. After the controller made it clear he was not too happy with us for deviating from our assigned altitude, we immediately began a climb back to 2500'. It has always been made clear to me, as I make clear to my students, that regardless of what kind of flight plan (VFR or IFR) or what the conditions are it is the responsibility of every pilot to 'see and avoid' other aircraft if the conditions permit.

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Original NASA ASRS Text

Title: PLT OF SMA ON PRACTICE INSTRUMENT APCH HOLDING AT OUTER MARKER, SAFETY PLT SAW LIGHT OF ANOTHER ACFT IN CLOSE PROX. TOOK CONTROLS AND DESCENDED. PLT UNDER HOOD ADVISED PATRICK AFB CTLR WHO CHIDED THEM FOR LEAVING THEIR ALT WITHOUT CLRNC BECAUSE TRAFFIC WAS KNOW AND AT 3000'.

Narrative: IN THE EVENING MYSELF AND A FELLOW FLT INSTR (ALSO A CFII) WERE PRACTICING INSTRUMENT WORK. I HAD JUST COMPLETED A VOR APCH AND A LOC BACK COURSE APCH INTO RWY 27L AT MELBOURNE REGIONAL. I WAS THE PF (UNDER THE HOOD) AND MY FRIEND WAS ACTING AS SAFETY PLT. AFTER HAVING COMPLETED THE APCHS WE REQUESTED FROM PATRICK APCH TO DO SEVERAL TURNS IN HOLDING AT THE MLB VOR. I WAS INSTRUCTED BY PATRICK APCH TO HOLD S ON THE 180 DEG R AT 2500' L TURNS (NON-STANDARD). I HAD COMPLETED 1 TURN AND WAS ESTABLISHED ON THE OUTBND LEG WITH A HDG OF 180 DEG S. THE SAFETY PLT ADVISED ME AT THIS TIME THAT THERE WAS ANOTHER ACFT APCHING US FROM THE S AT WHAT APPEARED TO BE THE SAME ALT. IT WAS NOT CLR TO ME AT THIS TIME HOW CLOSE OR HOW FAR THE OTHER ACFT WAS FROM US SINCE I STAYED ON INSTRUMENTS AND DID NOT LOOK UP. APPROX 2/3 OF THE WAY THROUGH THE TURN FROM THE OUTBND TO THE INBND LEG OF THE HOLDING PATTERN THE SAFETY PLT TOOK THE CTLS AND INITIATED AN EXPEDITIOUS DSNT TO A LOWER ALT. I IMMEDIATELY NOTIFIED PATRICK APCH OF OUR ACTIONS (DSNT TO LOWER ALT) AND WHY (TO AVOID ANOTHER ACFT THAT APPEARED TO BE ON A COLLISION COURSE WITH OURS). BY THE TIME WE HAD STARTED THE DSNT AND NOTIFIED ATC WE HAD DSNDED TO APPROX 2100'. ATC THEN PROCEEDED TO CHEW OUR BUTTS FOR DEVIATING FROM AN ASSIGNED ALT. THE ADMONISHMENT WE RECEIVED FROM THE CTLR WAS A LENGTHY ONE. HE ADVISED US THE OTHER ACFT WAS AT 3000'. ALTHOUGH THAT WAS NOT APPARENT TO US. AS WE MADE THE TURN FROM THE OUTBND TO THE INBND THE OTHER ACFT WAS NO LONGER IN A POS WHERE WE COULD SEE HIM. AND, IT WAS CLR HE WAS FLYING TOWARDS US BECAUSE HIS LNDG/RECOGNITION LIGHTS WERE VISIBLE TO THE SAFETY PLT. AFTER THE CTLR MADE IT CLR HE WAS NOT TOO HAPPY WITH US FOR DEVIATING FROM OUR ASSIGNED ALT, WE IMMEDIATELY BEGAN A CLB BACK TO 2500'. IT HAS ALWAYS BEEN MADE CLR TO ME, AS I MAKE CLR TO MY STUDENTS, THAT REGARDLESS OF WHAT KIND OF FLT PLAN (VFR OR IFR) OR WHAT THE CONDITIONS ARE IT IS THE RESPONSIBILITY OF EVERY PLT TO 'SEE AND AVOID' OTHER ACFT IF THE CONDITIONS PERMIT.

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.