Narrative:

I was performing a chkout in an arrow on a clear day. The visibility was reported to be 10 mi on the kokomo AWOS. However, the sun was in the process of setting to the southwest which decreased the visibility in that direction to a mi or less. The active runway was 14 since the winds were 180 degrees at 8 KTS. At the time there was 1 other aircraft in the pattern. After departing we entered a left traffic pattern. While in the pattern we found it very difficult to see other aircraft while on downwind, base, and final. I contacted the other aircraft in the pattern and as per far 91.126 we felt that for safety it was required to execute a r-hand pattern. While executing the r-hand pattern both airplanes in the pattern were making position reports for crosswind, downwind, base, and final including the fact that we were in a r-hand pattern. After indicating the r-hand pattern, an aircraft called up 10 mi southwest. I then began looking for the traffic. However, the visibility toward the southwest was severely decreased by the sun. The next contact I had with the other aircraft was noticing him in my gear mirror as he passed 500 ft below me as we were turning onto downwind. From the time he called 10 mi southwest we made 2 circuits in the pattern announcing crosswind, downwind, base and final. He then entered a left crosswind, against the recommendation of the aim to enter the pattern at a 45 degree angle on the downwind, and informed me that the l-hand pattern was the proper pattern. However, he never reported anywhere but 10 southwest and left downwind, especially crosswind over the field. I replied by stating that we were using right traffic for safety and visibility. We then continued our pattern and made a touch-and-go since we seemed to be ahead of the other aircraft. He recognized this and acknowledged that we would land first and he would follow. Then just after turning final I heard him announce that he was also on final. As soon as we lifted off I looked back to see how close the other aircraft was. At that time he was already on the taxiway. I believe that the events described above were caused by ineffective use of radio procedures by the other pilot, and by him not being aware that we were in a right pattern. This situation could have been avoided had the other pilot made multiple radio calls while approaching from the southwest with other traffic present. Not just 1 call 10 mi away. Supplemental information from acn 291725: we decided it was safer to use a r-hand pattern because the glare of the sun setting in the southwest made visibility very poor in that direction compared to the 10 plus mi in other directions. While on downwind base and final, the visibility was adequate to see any other airplanes that may have been in the pattern. L-hand traffic would have made it impossible to see aircraft ahead in the pattern while on downwind, base, and final. I believe what I did (which is use a r-hand pattern when left is standard) was legal. I felt it was required for safety to use r-hand traffic to avoid a potential midair threat. At all times, I reported my position as right downwind for runway 14. I reported all segments of the pattern this way. I wanted to report this because there seems to be some disagreement in the interpretation of far 91.126.

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Original NASA ASRS Text

Title: SMA HAS NMAC IN TFC PATTERN AT NON TWR ARPT.

Narrative: I WAS PERFORMING A CHKOUT IN AN ARROW ON A CLR DAY. THE VISIBILITY WAS RPTED TO BE 10 MI ON THE KOKOMO AWOS. HOWEVER, THE SUN WAS IN THE PROCESS OF SETTING TO THE SW WHICH DECREASED THE VISIBILITY IN THAT DIRECTION TO A MI OR LESS. THE ACTIVE RWY WAS 14 SINCE THE WINDS WERE 180 DEGS AT 8 KTS. AT THE TIME THERE WAS 1 OTHER ACFT IN THE PATTERN. AFTER DEPARTING WE ENTERED A L TFC PATTERN. WHILE IN THE PATTERN WE FOUND IT VERY DIFFICULT TO SEE OTHER ACFT WHILE ON DOWNWIND, BASE, AND FINAL. I CONTACTED THE OTHER ACFT IN THE PATTERN AND AS PER FAR 91.126 WE FELT THAT FOR SAFETY IT WAS REQUIRED TO EXECUTE A R-HAND PATTERN. WHILE EXECUTING THE R-HAND PATTERN BOTH AIRPLANES IN THE PATTERN WERE MAKING POS RPTS FOR XWIND, DOWNWIND, BASE, AND FINAL INCLUDING THE FACT THAT WE WERE IN A R-HAND PATTERN. AFTER INDICATING THE R-HAND PATTERN, AN ACFT CALLED UP 10 MI SW. I THEN BEGAN LOOKING FOR THE TFC. HOWEVER, THE VISIBILITY TOWARD THE SW WAS SEVERELY DECREASED BY THE SUN. THE NEXT CONTACT I HAD WITH THE OTHER ACFT WAS NOTICING HIM IN MY GEAR MIRROR AS HE PASSED 500 FT BELOW ME AS WE WERE TURNING ONTO DOWNWIND. FROM THE TIME HE CALLED 10 MI SW WE MADE 2 CIRCUITS IN THE PATTERN ANNOUNCING XWIND, DOWNWIND, BASE AND FINAL. HE THEN ENTERED A L XWIND, AGAINST THE RECOMMENDATION OF THE AIM TO ENTER THE PATTERN AT A 45 DEG ANGLE ON THE DOWNWIND, AND INFORMED ME THAT THE L-HAND PATTERN WAS THE PROPER PATTERN. HOWEVER, HE NEVER RPTED ANYWHERE BUT 10 SW AND L DOWNWIND, ESPECIALLY XWIND OVER THE FIELD. I REPLIED BY STATING THAT WE WERE USING R TFC FOR SAFETY AND VISIBILITY. WE THEN CONTINUED OUR PATTERN AND MADE A TOUCH-AND-GO SINCE WE SEEMED TO BE AHEAD OF THE OTHER ACFT. HE RECOGNIZED THIS AND ACKNOWLEDGED THAT WE WOULD LAND FIRST AND HE WOULD FOLLOW. THEN JUST AFTER TURNING FINAL I HEARD HIM ANNOUNCE THAT HE WAS ALSO ON FINAL. AS SOON AS WE LIFTED OFF I LOOKED BACK TO SEE HOW CLOSE THE OTHER ACFT WAS. AT THAT TIME HE WAS ALREADY ON THE TXWY. I BELIEVE THAT THE EVENTS DESCRIBED ABOVE WERE CAUSED BY INEFFECTIVE USE OF RADIO PROCS BY THE OTHER PLT, AND BY HIM NOT BEING AWARE THAT WE WERE IN A R PATTERN. THIS SIT COULD HAVE BEEN AVOIDED HAD THE OTHER PLT MADE MULTIPLE RADIO CALLS WHILE APCHING FROM THE SW WITH OTHER TFC PRESENT. NOT JUST 1 CALL 10 MI AWAY. SUPPLEMENTAL INFO FROM ACN 291725: WE DECIDED IT WAS SAFER TO USE A R-HAND PATTERN BECAUSE THE GLARE OF THE SUN SETTING IN THE SW MADE VISIBILITY VERY POOR IN THAT DIRECTION COMPARED TO THE 10 PLUS MI IN OTHER DIRECTIONS. WHILE ON DOWNWIND BASE AND FINAL, THE VISIBILITY WAS ADEQUATE TO SEE ANY OTHER AIRPLANES THAT MAY HAVE BEEN IN THE PATTERN. L-HAND TFC WOULD HAVE MADE IT IMPOSSIBLE TO SEE ACFT AHEAD IN THE PATTERN WHILE ON DOWNWIND, BASE, AND FINAL. I BELIEVE WHAT I DID (WHICH IS USE A R-HAND PATTERN WHEN L IS STANDARD) WAS LEGAL. I FELT IT WAS REQUIRED FOR SAFETY TO USE R-HAND TFC TO AVOID A POTENTIAL MIDAIR THREAT. AT ALL TIMES, I RPTED MY POS AS R DOWNWIND FOR RWY 14. I RPTED ALL SEGMENTS OF THE PATTERN THIS WAY. I WANTED TO RPT THIS BECAUSE THERE SEEMS TO BE SOME DISAGREEMENT IN THE INTERP OF FAR 91.126.

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.