Date: 202012
Local time of day: 0601-1200
Location: ORL.Airport, FL
Flight conditions: Marginal
Weather elements / visibility: 10
Light: Daylight
Aircraft: Small Aircraft
Operator: FBO
Operating under: Part 91
Flight plan: None
Mission: Training
Flight phase: Initial Climb
Airspace: Class D ORL
ATC / advisory: Tower ORL
Second aircraft: Small Aircraft
Reporter organization: FBO
Reporter function: Instructor; Pilot Not Flying
Reporter qualification: Flight Crew Flight Instructor; Flight Crew Commercial; Flight Crew Instrument
Human factors: Communication Breakdown; Confusion; Situational Awareness
Anomaly: ATC Issue All Types; Conflict NMAC
Detector: Automation Aircraft TA; Person Flight Crew
When detected: In-flight
Result: Flight Crew Took Evasive Action
Contributing factors: Human Factors
Primary problem: Human Factors

Narrative: The incident occurred while on the initial climb from runway 25 at Orlando Executive Airport (ORL). The probable cause appears to be communication and pilot error. Our aircraft was a Aircraft X. The student and I were remaining in the pattern practicing touch and go landings. An Aircraft Y [faster aircraft] was following us throughout the pattern. Our call sign was occasionally [mis-stated] which contributed to the confusion. During our pattern practice we were told to extend our downwind and that Tower would call our base. While we were in the right downwind and extended right downwind for Runway 25; Aircraft Y was noticeably gaining on us as shown on our MFD's traffic feature. Our base was approved and we were number 1 cleared for a touch and go Runway 25. [Aircraft Y] was cleared for a touched and go number 2 behind us. While on short final; it was noticeable once again on the MFD that Aircraft Y was gaining on us significantly. Our approach speed in the Aircraft X is 65 kts. With the headwind component that day our ground speed was undoubtedly slower than 65kts. Aircraft Y was told by Tower to do an s-turn on final for spacing as it was apparent they were getting close. The problem arose on the initial climb out following the touch and go; Aircraft Y overtook our aircraft while on the departure leg at approximately 800 feet; resulting in a near miss.The traffic we were following was told to extend upwind and we were expecting to receive a similar instruction for ourselves. The confusion seems to have begun when Executive Tower radioed for Aircraft Y to continue in the upwind and that they would call their crosswind. We did not respond to this call; as we assumed it was intended for Aircraft Y.  Aircraft Y responded confirming to extend their upwind until their crosswind was called. This transmission must have stepped on the Tower's transmission because as soon as Aircraft Y was finished broadcasting; the end of tower's transmission came through with the only audible portion being '...end upwind.' (Most likely 'extend upwind.')  This stepped-on call was most likely a follow up to [us]; but Aircraft Y then responded to continue their upwind for a 2nd time. Tower then called for Aircraft Y to extend their upwind. At this point the instructor in Aircraft Y; clearly confused; read back the extend upwind instruction for the 3rd time. We realized that the extend upwind call to [callsign] was most likely for us and we continued the upwind as instructed with the traffic ahead of and behind us being on extended upwinds.During this time; we again noticed Aircraft Y gaining on us on the MFD traffic. We continued in our upwind climb as Tower called for Aircraft Y to follow traffic ahead to the right (us). They responded that they had us in sight as they continued climbing and closing in on our left hand side. This is the approximate time that [we] was overtaken by Aircraft Y at approximately 800 feet MSL. Aircraft Y passed by us at roughly 200 feet off of our left wing; while both of us were still climbing to pattern altitude in the upwind leg.




Synopsis: Instructor Pilot reported an NMAC on takeoff from ORL airport.