Narrative:

I was returning from a cross country flight from cad when about 10 mi north of arb and listening to the ann arbor ATIS when I saw an aircraft at the same altitude at about my 10 O'clock position and not apparently with any relative movement to me meaning we were on a direct collision course. When I determined this and that he was not making any visible course changes I pulled back the throttle and pushed the nose down and began a rapid descent to insure we were not at the same altitude when our paths crossed. He must have begun a descent as well because I found that he remained level with me. When it appeared to me that we could still hit I made a hard left turn so that our paths would not intersect at all. He passed just off my right wing a little higher than me by this time. I had dropped from 3500 ft to 2300 ft in maybe less than 1 min. When I leveled at 2300 ft and turned back on course behind him I looked back to see where he was. I could see him just behind my right wing still descending and just starting a shallow right turn. His actions make it appear to me that he had no intention of taking any kind of evasive action assuming he even was watching for other traffic. Admittedly I did not have flight following which I am sure would have helped avoid this situation altogether. This was one of the few times I did not have it. However part 91.113(D) states that when 2 aircraft are converging, the aircraft to the other's right has the right of way, I was the aircraft to his right and yet he made no move to give me that right of way, 91.113(D) also states by examples that the less maneuverable aircraft has the right of way. I think a cherokee can certainly be called less maneuverable than any WW2 fighter. At no time did I ever see him turn away from me or do anything that might be called evasive action. I am concerned that had I not taken evasive action we would have hit.

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Original NASA ASRS Text

Title: A PA28 PLT HAS TO TAKE EVASIVE ACTION TO AVOID AN NMAC WITH A P47.

Narrative: I WAS RETURNING FROM A XCOUNTRY FLT FROM CAD WHEN ABOUT 10 MI N OF ARB AND LISTENING TO THE ANN ARBOR ATIS WHEN I SAW AN ACFT AT THE SAME ALT AT ABOUT MY 10 O'CLOCK POS AND NOT APPARENTLY WITH ANY RELATIVE MOVEMENT TO ME MEANING WE WERE ON A DIRECT COLLISION COURSE. WHEN I DETERMINED THIS AND THAT HE WAS NOT MAKING ANY VISIBLE COURSE CHANGES I PULLED BACK THE THROTTLE AND PUSHED THE NOSE DOWN AND BEGAN A RAPID DSCNT TO INSURE WE WERE NOT AT THE SAME ALT WHEN OUR PATHS CROSSED. HE MUST HAVE BEGUN A DSCNT AS WELL BECAUSE I FOUND THAT HE REMAINED LEVEL WITH ME. WHEN IT APPEARED TO ME THAT WE COULD STILL HIT I MADE A HARD L TURN SO THAT OUR PATHS WOULD NOT INTERSECT AT ALL. HE PASSED JUST OFF MY R WING A LITTLE HIGHER THAN ME BY THIS TIME. I HAD DROPPED FROM 3500 FT TO 2300 FT IN MAYBE LESS THAN 1 MIN. WHEN I LEVELED AT 2300 FT AND TURNED BACK ON COURSE BEHIND HIM I LOOKED BACK TO SEE WHERE HE WAS. I COULD SEE HIM JUST BEHIND MY R WING STILL DSNDING AND JUST STARTING A SHALLOW R TURN. HIS ACTIONS MAKE IT APPEAR TO ME THAT HE HAD NO INTENTION OF TAKING ANY KIND OF EVASIVE ACTION ASSUMING HE EVEN WAS WATCHING FOR OTHER TFC. ADMITTEDLY I DID NOT HAVE FLT FOLLOWING WHICH I AM SURE WOULD HAVE HELPED AVOID THIS SIT ALTOGETHER. THIS WAS ONE OF THE FEW TIMES I DID NOT HAVE IT. HOWEVER PART 91.113(D) STATES THAT WHEN 2 ACFT ARE CONVERGING, THE ACFT TO THE OTHER'S R HAS THE RIGHT OF WAY, I WAS THE ACFT TO HIS R AND YET HE MADE NO MOVE TO GIVE ME THAT RIGHT OF WAY, 91.113(D) ALSO STATES BY EXAMPLES THAT THE LESS MANEUVERABLE ACFT HAS THE RIGHT OF WAY. I THINK A CHEROKEE CAN CERTAINLY BE CALLED LESS MANEUVERABLE THAN ANY WW2 FIGHTER. AT NO TIME DID I EVER SEE HIM TURN AWAY FROM ME OR DO ANYTHING THAT MIGHT BE CALLED EVASIVE ACTION. I AM CONCERNED THAT HAD I NOT TAKEN EVASIVE ACTION WE WOULD HAVE HIT.

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.