Date: 201606
Local time of day: 0601-1200
Location: GFK.Tower, ND
Flight conditions: VMC
Light: Daylight
Aircraft: Small Aircraft; High Wing; 1 Eng; Fixed Gear
Operator: FBO
Operating under: Part 91
Flight plan: VFR
Mission: Training
Flight phase: Initial Approach
Airspace: Class D GFK
ATC / advisory: Tower GFK
Second aircraft: Small Aircraft; High Wing; 1 Eng; Fixed Gear
Reporter organization: Government
Reporter function: Supervisor / CIC
Reporter qualification: Air Traffic Control Fully Certified
Human factors: Situational Awareness
Second reporter function: Local
Anomaly: ATC Issue All Types; Conflict NMAC; Deviation / Discrepancy - Procedural Published Material / Policy; Deviation / Discrepancy - Procedural Clearance
Detector: Person Air Traffic Control
When detected: In-flight
Result: Air Traffic Control Issued Advisory / Alert; Air Traffic Control Issued New Clearance; Flight Crew Requested ATC Assistance / Clarification; Flight Crew Took Evasive Action
Contributing factors: Procedure; Aircraft; Airport; Human Factors
Primary problem: Human Factors

Narrative: I was Controller In Charge (CIC). Split local controls. Local south was transitioning Aircraft X from north to join local north's traffic pattern. Aircraft X was told to follow airport road northbound maintaining 2100 feet or above. Aircraft X was 1 mile west of airport road; local south was aware of it; but gave Aircraft X a frequency change to local north anyway. Local south then cleared Aircraft Y for takeoff on Runway 27L climbing to 3000 feet. Local south then advised local north to turn Aircraft X northeast; but by this time; Aircraft X had descended to approximately 1800 feet. Aircraft Y continued to climb. Aircraft X then took evasive maneuvers with a sharp turn to the northwest to avoid being hit by Aircraft Y. Local south was responsible for Aircraft X; even after the frequency change since Aircraft X was in his airspace. Local south should have never cleared Aircraft Y for takeoff. Local south also coordinated with local north that 58 would be airport road northbound. Local south did not correct the pilot or coordinate differently when Aircraft X was off course. We simply got lucky that local north did not have a departure at the same time or there would have been a second near midair. Local north did have departure end at pattern altitude; had he not climbed Aircraft X back to 2100 feet after the near midair with Aircraft Y; there would have also been a second near midair with [another aircraft]. After the incident; as CIC; I started a MOR (Incident Report). At the time of the incident; my Supervisor was working Ground Control and admitted she did not see any of it. She was relieved from Ground Control and was attempting to force me to change the MOR. I refused and made her relieve me from my position. She then attempted to make the MOR disappear and sweep it under the rug (similar to the last 3 near midairs at this facility).In my opinion; the pilot of Aircraft X made a mistake by descending; however; this incident was caused by local south's poor decision to clear Aircraft Y for takeoff; as well as poor coordination and a lack of positive control over Aircraft X. This is not a system/airspace/procedure issue. This is an issue of poor decisions and lack of positive control.


Second narrative: Aircraft X (a solo pilot) was VFR inbound from the Southeast and requested to land RY27R. After coordinating with the Local 1 Aircraft X was instructed to fly westbound from Power plant (the inner VFR reporting point to the Southeast) at or above 2100 feet. After a few different incomplete read backs Aircraft X verified all of the instructions. Once Aircraft X reported over Power plant I gave further instructions to continue Westbound and at airport road turn right and fly north bound at or above 2100 feet to overfly other VFR traffic in the pattern for RY27R/L as well as any arrivals or departures to the same runways.Airport road is a very commonly known road that is the only road in and out of the Grand Forks airport; directly through the center of the airport. Again after a few incomplete readbacks all of the instructions given to Aircraft X were verified. When I witnessed Aircraft X pass airport road and continue flying westbound; I gave Aircraft X another instruction to turn right northbound at or above 2100 feet. When I saw Aircraft X turn northbound and thought there would be no conflicts with thee position and their heading I transferred communications to the Local 1 controller. I then cleared an IFR aircraft; Aircraft Y; for takeoff from RY27L. When Aircraft Y was about a half mile off the departure end of RY27L I noticed Aircraft X was significantly farther west than previously observed and told the local 1 controller to tell Aircraft X to fly more North eastbound to stay above and behind Aircraft Y. Both Aircraft Y and Aircraft X were issued traffic and both reported each other in sight. At the point of the near midair collision; the flight data controller saw the radar indicating both aircraft were at 1800 feet MSL a little more than 1 mile west of airport road. The Local 1 controller never gave any instructions to Aircraft X to descend. The incident was caused because Aircraft X was over 1 mile west of where he was supposed to be. Had Aircraft X been over airport road at 2100 MSL there never would have been a conflict. The pilot of Aircraft X was issued a brasher warning and when he called the tower he stated he was familiar with airport road.Aircraft X did not follow instructions properly and had he it would have prevented any conflict. Additionally this pilot was on a solo flight.


Synopsis: A VFR pilot did not comply with Local Control's instructions in the pattern. The pilot in the pattern flew into the path of a departure causing a NMAC.