On Tue, 15 Aug 2006 21:09:51 -0700, tjd wrote:

Larry Dighera wrote:
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 seriously doubt he was "taking evasive action" until he started he turn
to the right. Unlike me, he had a window view of us. The fact that he
continued to climb into our path, in class B, with a window view, does
not indicate to me he was "evading" anything. The fact that he turned,
head on, after climbing, to me, does not indicate he was "evading."

I was not able to proceed directly into class B after take off as I had
to wait for clearance; despite initiating the request while still in my
initial climb on departure from KDTO. We were on the south side of
Dallas, well within class B. I was flying at the **assigned** altitude,
as indicated by the story. We were not under the 40000 shelf....I had
checked the GPS only moments before. We were in the 3000' shelf; squarely
placing both of us *within* class B's 3000' shelf. I just went back and
verified on my GPS we were *in* the 3000' shelf.

Based on the voice's tone on the radio, I did get the impression he was
not supposed to be there but that's hardly authorative. He did say he was
not squawking ("with no squawk"), which also makes me think he was not
suppose to be there. I couldn't remember exactly where in the dialog that
tidbit was offered, so I left it out. My wife and son both clearly heard,
"with no squawk" too.

Would it make you feel better if I said it happened about 15-minutes into
flight. I had throttled back waiting for clearance. Shesh. I think some
may be over analyzing...a lot!

I also read several posts which seem to assert I yielded PIC authority. I
dumbfounded as to how anyone could come to that conclussion. The initial
sighting was by no means sure death in the next second. I did the
responsible thing by keeping the controller in the loop by ensuring I
didn't compound the problem with other traffic in the area. When time did
not allow for it, I didn't do it. I fail to understand how improving
situational awareness is a bad thing; contrary to the opinion asserted by
others here.


Greg