GA Flight Instructor with student reported a NMAC during takeoff. The Instructor took over the controls and immediately descended to avoid a possible collision.

Date: 2024-05 · Aircraft: Small Aircraft; Low Wing; 1 Eng; Fixed Gear · Phase: takeoff

Anomalies: conflict-nmac

Synopsis

GA Flight Instructor with student reported a NMAC during takeoff. The Instructor took over the controls and immediately descended to avoid a possible collision.

Narrative

At XA30 local we were attempting to receive our IFR clearance while on the ground via phone call at PDK and we muted the radio so we could better hear the phone conversation. The Controller gave us our clearance with a 'hold for release' instruction and to contact XXX.X for release instructions. We contacted XXX.X and heard no response; having forgotten about the muted radio. Over the course of 3-5 minutes; we attempted to contact the Controller both via XXX.X and again on the phone. After a third phone call; the Controller immediately hung up on us. I instructed the student to cancel his IFR flight plan on foreflight; squawk VFR; and depart VFR making the appropriate advisories on CTAF XXX.X. After departure we attempted on numerous occasions to get VFR flight following with several different Atlanta TRACON frequencies; still unrealizing of our self-induced radio error. While underneath the Bravo airspace at 3;000 MSL we had a near miss with another VFR aircraft which appeared to not see us. As the instructor I took control and rapidly descended to avoid the aircraft which appeared slightly above us and at our 10 o'clock position. A few minutes after this event I realized the radio was muted. I fixed the radio; contacted Atlanta Center and picked up clearance direct to ZZZ. We were never alerted of any pilot deviation.There were certainly errors made by the student and instructor that led to the scenario. Better CRM while cruising at 3;000 feet might have led to either of us seeing the aircraft before it got so close. Instead; we were both simultaneously troubleshooting the comms issue.On the ATC side; had the Controller simply taken the time to tell us that he could hear us on XXX.X rather than hanging up; we surely would have been aware of our comms error on the ground and not departed without solving the issue. This could have completely kept the near miss scenario from happening at all.

Second reporter narrative

On Day 0; at XA30; while at DeKalb-Peachtree Airport (PDK); I attempted to receive our IFR clearance via phone. During the call; the radio was muted to hear the Controller more clearly. The Controller provided a clearance that included a 'hold for release' instruction and directed us to contact them on frequency XXX.X.Initial Contact: I attempted to reach ATC on XXX.X but received no response; unaware that the radio was still muted. Over the next 5-10 minutes; we tried to contact ATC via XXX.X and phone.First Call: Received our clearance instructions.Second Call: I informed the Controller that we received no response on XXX.X. The Controller curtly replied; 'contact me on XXX.X' and hung up.Third Call: After again receiving no response on XXX.X; I called ATC once more and was hung up on after explaining the issue.My CFI had me cancel the IFR clearance on ForeFlight; squawk VFR; and depart using CTAF XXX.X. Post-departure; we attempted to get VFR flight following on several Atlanta TRACON frequencies; still unaware of the muted radio.At 3;000 MSL under Bravo airspace; we had a near miss with another VFR aircraft slightly above us at our 10 o'clock position. My instructor took control and descended rapidly to avoid the aircraft.Approximately five minutes later; my instructor discovered the muted radio; corrected it; and we contacted Atlanta Center to resume our IFR clearance direct to ZZZ. No pilot deviation was reported.Both my instructor and I failed to identify the muted radio. Improved CRM skills might have prevented the close encounter by allowing one of us to remain vigilant for other traffic while troubleshooting.If ATC had informed us they could hear our transmissions on XXX.X during the phone call instead of hanging up; we would have identified the muted radio issue on the ground; preventing the near-miss scenario.This incident highlights the importance of effective communication and CRM in flight operations. Clearer communication from ATC regarding radio issues could have averted this incident. Moving forward; I will implement stricter pre-departure checks and enhance CRM practices to ensure safer operations.

Source: NASA Aviation Safety Reporting System (public domain). Reports are voluntary submissions and are not verified by NASA.