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.