Multiple runway operation intersecting runways small aircraft X takeoff had near midair collision with small aircraft on go around. See and avoid concept.

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Attributes
ACN	250023
Time
Date	199308
Day	Sat
Local Time Of Day	0601 To 1200
Place
Locale Reference	atc facility : frg
State Reference	NY
Altitude	agl bound lower : 100 agl bound upper : 100
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tower : frg
Operator	general aviation : instructional
Make Model Name	Small Aircraft, Low Wing, 1 Eng, Fixed Gear
Flight Phase	climbout : initial climbout : takeoff
Flight Plan	VFR
Aircraft 2
Operator	general aviation : personal
Make Model Name	Small Aircraft, High Wing, 1 Eng, Fixed Gear
Flight Phase	landing : go around landing other
Person 1
Affiliation	Other
Function	instruction : instructor oversight : pic
Qualification	pilot : cfi pilot : atp
Experience	flight time last 90 days : 100 flight time total : 3850 flight time type : 200
ASRS Report	250023
Person 2
Affiliation	Other
Function	flight crew : single pilot instruction : trainee
Qualification	pilot : student
Events
Anomaly	conflict : nmac non adherence : clearance non adherence : far
Independent Detector	other flight crewa
Resolutory Action	flight crew : took evasive action other
Consequence	faa : reviewed incident with flight crew
Miss Distance	horizontal : 100 vertical : 0
Supplementary
Primary Problem	Flight Crew Human Performance

Narrative:

Small aircraft X on a training flight. I was the instructor. Republic airport was using intersecting runway operations (runway 1 for departures and runway 32 for landing). We were cleared for takeoff. As our aircraft became airborne, I saw small aircraft Y at approximately 2 O'clock converging and climbing out. I immediately took control of the aircraft and maneuvered to avoid a collision over the runway intersection. I did not receive any warning from tower or other pilot of his/her decision to abort the landing. After the incident and discussions with tower supervisor, he claims that the other pilot had acknowledged the clearance to land and hold short. Therefore, he had no right to execute a go around. It is my opinion that even with a clearance to 'hold short,' the pilot should have the option to execute a go around. The tower controller must not permit (authorize) a takeoff with an aircraft on short final or in the landing roll until the aircraft has reached a taxi speed. According to tower personnel and supervisor, once a pilot has accepted a 'clear to land and hold short' clearance, they will assume that the pilot will not cross the other runway.

Original NASA ASRS Text

Title: MULTIPLE RWY OP INTERSECTING RWYS SMA X TKOF HAD NMAC WITH SMA ON GAR. SEE AND AVOID CONCEPT.

Narrative: SMA X ON A TRAINING FLT. I WAS THE INSTRUCTOR. REPUBLIC ARPT WAS USING INTERSECTING RWY OPS (RWY 1 FOR DEPS AND RWY 32 FOR LNDG). WE WERE CLRED FOR TKOF. AS OUR ACFT BECAME AIRBORNE, I SAW SMA Y AT APPROX 2 O'CLOCK CONVERGING AND CLBING OUT. I IMMEDIATELY TOOK CTL OF THE ACFT AND MANEUVERED TO AVOID A COLLISION OVER THE RWY INTXN. I DID NOT RECEIVE ANY WARNING FROM TWR OR OTHER PLT OF HIS/HER DECISION TO ABORT THE LNDG. AFTER THE INCIDENT AND DISCUSSIONS WITH TWR SUPVR, HE CLAIMS THAT THE OTHER PLT HAD ACKNOWLEDGED THE CLRNC TO LAND AND HOLD SHORT. THEREFORE, HE HAD NO RIGHT TO EXECUTE A GAR. IT IS MY OPINION THAT EVEN WITH A CLRNC TO 'HOLD SHORT,' THE PLT SHOULD HAVE THE OPTION TO EXECUTE A GAR. THE TWR CTLR MUST NOT PERMIT (AUTHORIZE) A TKOF WITH AN ACFT ON SHORT FINAL OR IN THE LNDG ROLL UNTIL THE ACFT HAS REACHED A TAXI SPD. ACCORDING TO TWR PERSONNEL AND SUPVR, ONCE A PLT HAS ACCEPTED A 'CLR TO LAND AND HOLD SHORT' CLRNC, THEY WILL ASSUME THAT THE PLT WILL NOT CROSS THE OTHER RWY.

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.