Narrative:

When we were on final we heard the diamond call in from 12 mi island and knew that he would be a factor nearing downwind. We were climbing out from our 7TH normal touch and go of the day. We had been issued left traffic. After the touch and go we started a normal climb out at vy and at a normal distance made a left turn to crosswind. As the climb continued we saw the diamond come into view. At this time I became extremely alert because the closure rate seemed quite high; telling me that this aircraft was not on downwind; but still entering for the downwind; by this time my student was alerted to the situation unfolding in front of us. The tower was telling us to turn downwind and the diamond to turn out and parallel us. At this time we hadn't started our turn nor had the other aircraft; and while the controller was still issuing instructions to us and the other aircraft; before either of us had started their issued turns; I took control from my student and began an immediate right turn; and as soon as tower released the frequency I informed him that we were already in a right 360 degrees and would follow the diamond. I felt that our ground track going from crosswind to downwind; along with the fact that I hadn't seen the other aircraft turn out; would have put my aircraft; and my student unnecessarily close to another aircraft with similar approach speeds. Meaning we would be nearly in formation flight with the other aircraft. Therefore I chose to eliminate the closure rate with a right 360 degrees. After starting the 360 degrees tower immediately came on and informed me that I 'needed to listen to instructions and do as he told me.' he also went on to inform me that performing a 360 degrees without ATC approval constituted a violation of far's. At this time I reminded the controller that as PIC I am authority/authorized to deviate from ATC instructions in any situation that I deem necessary to ensure safe operation of the aircraft. I interpreted that from far 91.3(B) stating that in an in-flight emergency requiring immediate action; the PIC may deviate from any rule of this part to the extent required to meet that emergency.

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Original NASA ASRS Text

Title: C172 INSTRUCTOR AND STUDENT HAVE AN AIRBORNE CONFLICT AT LOU.

Narrative: WHEN WE WERE ON FINAL WE HEARD THE DIAMOND CALL IN FROM 12 MI ISLAND AND KNEW THAT HE WOULD BE A FACTOR NEARING DOWNWIND. WE WERE CLBING OUT FROM OUR 7TH NORMAL TOUCH AND GO OF THE DAY. WE HAD BEEN ISSUED L TFC. AFTER THE TOUCH AND GO WE STARTED A NORMAL CLBOUT AT VY AND AT A NORMAL DISTANCE MADE A L TURN TO XWIND. AS THE CLB CONTINUED WE SAW THE DIAMOND COME INTO VIEW. AT THIS TIME I BECAME EXTREMELY ALERT BECAUSE THE CLOSURE RATE SEEMED QUITE HIGH; TELLING ME THAT THIS ACFT WAS NOT ON DOWNWIND; BUT STILL ENTERING FOR THE DOWNWIND; BY THIS TIME MY STUDENT WAS ALERTED TO THE SITUATION UNFOLDING IN FRONT OF US. THE TWR WAS TELLING US TO TURN DOWNWIND AND THE DIAMOND TO TURN OUT AND PARALLEL US. AT THIS TIME WE HADN'T STARTED OUR TURN NOR HAD THE OTHER ACFT; AND WHILE THE CTLR WAS STILL ISSUING INSTRUCTIONS TO US AND THE OTHER ACFT; BEFORE EITHER OF US HAD STARTED THEIR ISSUED TURNS; I TOOK CTL FROM MY STUDENT AND BEGAN AN IMMEDIATE R TURN; AND AS SOON AS TWR RELEASED THE FREQ I INFORMED HIM THAT WE WERE ALREADY IN A R 360 DEGS AND WOULD FOLLOW THE DIAMOND. I FELT THAT OUR GND TRACK GOING FROM XWIND TO DOWNWIND; ALONG WITH THE FACT THAT I HADN'T SEEN THE OTHER ACFT TURN OUT; WOULD HAVE PUT MY ACFT; AND MY STUDENT UNNECESSARILY CLOSE TO ANOTHER ACFT WITH SIMILAR APCH SPDS. MEANING WE WOULD BE NEARLY IN FORMATION FLT WITH THE OTHER ACFT. THEREFORE I CHOSE TO ELIMINATE THE CLOSURE RATE WITH A R 360 DEGS. AFTER STARTING THE 360 DEGS TWR IMMEDIATELY CAME ON AND INFORMED ME THAT I 'NEEDED TO LISTEN TO INSTRUCTIONS AND DO AS HE TOLD ME.' HE ALSO WENT ON TO INFORM ME THAT PERFORMING A 360 DEGS WITHOUT ATC APPROVAL CONSTITUTED A VIOLATION OF FAR'S. AT THIS TIME I REMINDED THE CTLR THAT AS PIC I AM AUTH TO DEVIATE FROM ATC INSTRUCTIONS IN ANY SITUATION THAT I DEEM NECESSARY TO ENSURE SAFE OP OF THE ACFT. I INTERPRETED THAT FROM FAR 91.3(B) STATING THAT IN AN INFLT EMER REQUIRING IMMEDIATE ACTION; THE PIC MAY DEVIATE FROM ANY RULE OF THIS PART TO THE EXTENT REQUIRED TO MEET THAT EMER.

Data retrieved from NASA's ASRS site as of January 2009 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.