Pilot reported on climb out; taking evasive action to avoid traffic on unannounced nonstandard pattern entry; resulted in a NMAC and airspace violation.
Synopsis
Pilot reported on climb out; taking evasive action to avoid traffic on unannounced nonstandard pattern entry; resulted in a NMAC and airspace violation.
Narrative
Background: During my third dual flight lesson as a CFI candidate on Date in Aircraft X at AKR; I was in the right seat as PIC (Pilot in Command) (instructor in left seat); practicing takeoffs and landings in the AKR pattern; and there were 1-2 other airplanes also doing pattern work. I left a little more altitude (2;200 ft.; not 2;060 ft. usual pattern altitude) at the CFI instructor's recommendation while I was getting used to R seat flying. The flight was VFR with good weather; no clouds below 4;500 ft. MSL; temperature in the 70s-80s and good visibility. Wind was about 240 degrees at ~9 knots without significant turbulence; Runway 25 had been in use all day. How the problem arose: Another airplane; Aircraft Y; did a non-announced; non-standard entry to the traffic pattern in the crosswind leg while I was departing the runway; setting up a near miss event. Aircraft Y announced about 5 miles out that they would be joining the midfield downwind at 45 degrees. I was departing Runway 25 at the time; hand flying; getting ready to turn crosswind. I therefore anticipated the pilot would enter the pattern to the left (from the south-southwest) of where I was turning; and ready to give that pilot more space by extending my departure and crosswind if needed. He made no further position calls. Then; to my surprise; my instructor and I spotted him entering the crosswind to Runway 25 from the northwest at a ~ 270-degree heading; less than a quarter mile; to my RIGHT (not left as I had anticipated from his position call); slightly below us; and on a collision path. Cause: Aircraft Y's unannounced and unconventional entry into the AKR pattern in the crosswind leg without yielding right of way to departing traffic set up the near-midair collision. His actual pattern entry on crosswind differed from the downwind entry the pilot had announced 5 miles out; it was their only communication prior to 'I'm diving'. This caused Aircraft Y to nearly collide with Aircraft X. Contributing factors: The pilot of Aircraft Y failed to communicate a significant change in pattern entry plan. AKR only has 1 runway and therefore only 1 downwind; which would have made Aircraft Y no factor if he had joined the pattern as he had announced. Aircraft Y was not on a practice instrument approach. The pilot of Aircraft Y failed to scan; see and avoid pattern traffic. The pilot of Aircraft Y did not yield to pattern traffic until the last moment; necessitating both Aircraft Y and Aircraft X to take evasive action. Attitude and safety mindset: The pilot of Aircraft Y failed to communicate adequately. How it was discovered: Pilots of Aircraft X spotted Aircraft Y visually; communicated and evaded to help avoid a midair. I do not recall hearing or seeing a 'traffic' warning on the anticollision system. Corrective actions; perceptions; judgements; decisions: My instructor's radio call: 'Do you see us?' The Aircraft Y pilot replied 'yes; I'm diving now.' Since I was at 2;200 feet MSL in the pattern; the extra altitude in the pattern may have saved us a midair. I saw that he started descending; and I immediately started a full throttle evasive climb from 2;200 feet MSL to ~2;560 feet MSL. I saw Aircraft Y pass directly below me. During that evasive climb; I briefly violated the 2500' floor of CAK airspace. I descended and resumed a slightly high 2;200 feet pattern altitude as soon as the danger of midair collision was past; Aircraft Y was visible and no factor. I then gave Aircraft Y some room and rejoined the pattern; landing on Runway 25 uneventfully; after him. The evening after the event; my review of FlightAware records showed that these 2 evasive maneuvers occurred simultaneously at approximately XA:27. They confirm Aircraft Y descended rapidly as Aircraft X simultaneously climbed; as the flight paths crossed. Human factors: There were no issues of fatigue; hunger; dehydration; illness; time pressure; passengers; or discomfort for Aircraft X crew. Unprofessional behavior by Aircraft Y (possibly an instructor with a student): when asked in a professional manner after the near miss by my instructor in Aircraft X on CTAF to communicate more frequently in the busy pattern; the Aircraft Y pilot replied that he 'did not need to make radio calls.' Relative lack of [right seat piloting] experience: I am a new (3 hour) right seat pilot; working toward my CFI. My instructor is an experienced CFII and ATP. This near-miss has given me pause. I have always realized my great responsibility to others as a pilot; and now even more as an instructor candidate.
Second reporter narrative
We departed ZZZ for AKR and picked up VFR flight following with Cleveland Approach. Upon nearing AKR; radar services were terminated by ATC. He provided a traffic advisory originating from AKR that we acknowledged. Traffic was reported to be 1;800 ft. climbing westbound. We were somewhat southwest and decided to maintain our current track to AKR assuming they would continue westbound. We switched to AKR ASOS on our only radio to predict runway in use; then switched to CTAF and announced our position about 5 southwest and that we'd be setting up for a downwind to Runway 25. No pertinent responses were heard. We decided not to set up for a 45deg to downwind [Runway] 25 to avoid CAK class C. The climbing traffic announced they had us in sight and I spotted Aircraft X 10 o'clock low; climbing low to high off our nose to the left. I immediately acknowledged I saw them as well and told them I would dive to remain clear; though it was more as a courtesy and not necessary to avert collision. We continued on to enter the pattern without issue. Contributing factors would be our one radio; not allowing us to transmit position on CTAF and listen to ASOS more seamlessly and also us not having ADS-B in. The ATC advisory was helpful because we knew something may be coming; but we assumed they'd continue westbound.
Source: NASA Aviation Safety Reporting System (public domain). Reports are voluntary submissions and are not verified by NASA.