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Old August 16th 06, 05:09 AM posted to rec.aviation.piloting
tjd
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Posts: 41
Default Collision alert!

Larry Dighera wrote:
If he was less than 3,000' AGL, he was in compliance with the
hemispherical regulation, and being on your left, he had the
right-of-way.


that's backwards, the OP had the right of way:

91.113 (d) Converging. When aircraft of the same category are
converging at approximately the same altitude (except head-on, or
nearly so), the aircraft to the other's right has the right-of-way.

From the story, it sounds like both pilots saw each other and both were

trying to take evasive action, but they kept getting unlucky and making
corresponding maneuvers. So, it's not clear if the guy violated any
right of way rules. Was he definitely in class B without a clearance?
~20min, assuming ~40nm south of KDTO looks like you could be clear or
under the 4000MSL shelf at that point?

I don't mean to sound like I'm defending the guy, especially without
knowing all the details - just something to consider... And as someone
pointed out to me when I posted about my own near miss, the "miss" part
is WAY more important than "right" or "wrong".

todd.