Biplane pilot on a sightseeing flight has near midair collision with atx in proximity of air traffic area D airspace. Reporter cites communication problems with atx pilots not self announcing as they pass near traffic pattern of 1b2. Later, atx pilot accuses pilot X of being in class D space.

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Attributes
ACN	341310
Time
Date	199607
Day	Fri
Local Time Of Day	0601 To 1200
Place
Locale Reference	atc facility : mvy airport : 1b2
State Reference	MA
Altitude	msl bound lower : 1500 msl bound upper : 1500
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Operator	general aviation : personal
Make Model Name	Any Unknown or Unlisted Aircraft Manufacturer
Operating Under FAR Part	Part 91
Flight Phase	cruise other
Flight Plan	None
Aircraft 2
Operator	common carrier : air taxi
Make Model Name	Cessna 402/402C/B379 Businessliner/Utiliner
Operating Under FAR Part	Part 135
Flight Phase	climbout : initial
Route In Use	departure other enroute : direct
Flight Plan	VFR
Person 1
Affiliation	Other
Function	flight crew : single pilot
Qualification	pilot : cfi pilot : commercial
Experience	flight time last 90 days : 100 flight time total : 1150 flight time type : 200
ASRS Report	341310
Person 2
Affiliation	company : air taxi
Function	flight crew : single pilot
Qualification	pilot : instrument pilot : commercial
Events
Anomaly	conflict : nmac non adherence : far non adherence : published procedure
Independent Detector	other flight crewa other other : unspecified
Resolutory Action	flight crew : took evasive action
Consequence	faa : reviewed incident with flight crew
Miss Distance	horizontal : 0 vertical : 100
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

While inbound to katama airpark a cessna 402 operated by atx almost collided with me. I climbed and the cessna descended to avoid each other. We missed by approximately 100 ft. Afterwards I had a conversation with a tower controller idented as mr a and the pilot of the atx aircraft. The pilot of the atx aircraft claimed that I was inside the class D airspace. I have flown over 450 sightseeing flts out of katama airpark and I am well aware of the class D airspace boundaries. I was clearly operating outside of the class D airspace. Atx aircraft have a habit of flying through the katama airpark at traffic pattern altitudes without ever announcing their intentions on unicom. Additionally I have a witness who saw the incident from the ground and will testify as to my location over edgartown if required. This witness is a police sergeant who is also a private pilot.

Original NASA ASRS Text

Title: BIPLANE PLT ON A SIGHTSEEING FLT HAS NMAC WITH ATX IN PROX OF ATA D AIRSPACE. RPTR CITES COM PROBS WITH ATX PLTS NOT SELF ANNOUNCING AS THEY PASS NEAR TFC PATTERN OF 1B2. LATER, ATX PLT ACCUSES PLT X OF BEING IN CLASS D SPACE.

Narrative: WHILE INBOUND TO KATAMA AIRPARK A CESSNA 402 OPERATED BY ATX ALMOST COLLIDED WITH ME. I CLBED AND THE CESSNA DSNDED TO AVOID EACH OTHER. WE MISSED BY APPROX 100 FT. AFTERWARDS I HAD A CONVERSATION WITH A TWR CTLR IDENTED AS MR A AND THE PLT OF THE ATX ACFT. THE PLT OF THE ATX ACFT CLAIMED THAT I WAS INSIDE THE CLASS D AIRSPACE. I HAVE FLOWN OVER 450 SIGHTSEEING FLTS OUT OF KATAMA AIRPARK AND I AM WELL AWARE OF THE CLASS D AIRSPACE BOUNDARIES. I WAS CLRLY OPERATING OUTSIDE OF THE CLASS D AIRSPACE. ATX ACFT HAVE A HABIT OF FLYING THROUGH THE KATAMA AIRPARK AT TFC PATTERN ALTS WITHOUT EVER ANNOUNCING THEIR INTENTIONS ON UNICOM. ADDITIONALLY I HAVE A WITNESS WHO SAW THE INCIDENT FROM THE GND AND WILL TESTIFY AS TO MY LOCATION OVER EDGARTOWN IF REQUIRED. THIS WITNESS IS A POLICE SERGEANT WHO IS ALSO A PVT PLT.

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.