Date: 201601
Local time of day: 0601-1200
Location: ZZZ.Airport, US
Flight conditions: VMC
Weather elements / visibility: 30
Light: Daylight
Aircraft: Skylane 182/RG Turbo Skylane/RG
Operator: Personal
Operating under: Part 91
Flight plan: VFR
Mission: Training
Flight phase: Initial Climb
Airspace: Class D ZZZ
ATC / advisory: Tower ZZZ
Second aircraft: Skyhawk 172/Cutlass 172
Reporter organization: FBO
Reporter function: Pilot Not Flying; Instructor
Reporter qualification: Flight Crew Air Transport Pilot (ATP); Flight Crew Instrument; Flight Crew Multiengine; Flight Crew Flight Instructor
Human factors: Situational Awareness; Distraction; Communication Breakdown
Anomaly: Conflict NMAC; Deviation - Altitude Undershoot; Deviation / Discrepancy - Procedural Published Material / Policy; Deviation / Discrepancy - Procedural Clearance
Detector: Person Flight Crew
When detected: In-flight
Result: Flight Crew Took Evasive Action
Contributing factors: Human Factors; Procedure
Primary problem: Human Factors

Narrative: I was in one of two aircraft involved in a near midair collision. The incident occurred in Airport Class D [airspace]; at an altitude of approximately 520 feet. When I observed the other aircraft; I estimate that it was 30-40 feet higher than our aircraft; approximately 500 feet laterally away from me; and on a collision course; as the pilot of our aircraft had just initiated a climb. I took over the controls and maneuvered the aircraft to avoid a collision. Both aircraft were in contact with the tower. I'm unaware of whether the Tower controller or the pilot in the other aircraft were aware of this near midair collision; and I did not report it to the tower at the time.[We were in] a Cessna 182 VFR to conduct VFR practice instrument approaches. The PIC was the aircraft owner; who was flying under a hood for most of the flight; including when the incident occurred. The pilot flying holds a Private certificate and is nearing the end of his training for the Instrument Airplane rating. I occupied the right seat; and was giving instrument instruction. Our first approach was the ILS XY; which was performed using pilot navigation starting at the DME arc. While established on the ILS approach; I believe I heard the other aircraft call the tower inbound to request pattern work. As we neared the missed approach point; I observed two aircraft in the pattern and reported to the tower that we had both aircraft in sight. We flew the published missed approach; and held at [the published fix]. While holding; the pilot flying set up the avionics for the next approach; which was the VOR YX approach. We then requested vectors to that approach. We intercepted the approach inbound. The pilot flying overshot the final approach; corrected; and reintercepted the approach from the north. The pilot flying flew the remainder of the approach within PTS standards; and the approach was normal in all respects until the NMAC. After we were switched to the tower frequency; I heard the local controller advise an aircraft on the upwind 'to extend their upwind' and that he 'would call the crosswind turn.' Later I heard the controller tell the other aircraft to 'turn left crosswind.' The pilot questioned whether she was to 'turn left crosswind;' and the tower repeated that she should 'turn left crosswind.' I remember thinking at the time that the other aircraft had probably been extended sufficiently on the upwind to a point where it would not present a conflict when we arrived at the missed approach point. Also; since our MDA was 500 feet; I expected that we would be hundreds of feet below any aircraft flying at the traffic pattern altitude. I looked for the traffic at that time; but couldn't see it. As the other aircraft was being instructed to turn crosswind; I remember estimating that the other aircraft was more than two and half miles away at that time; which would make it very difficult to see. I periodically continued to look for the traffic; but didn't see any. The pilot flying announced that he was flying down to his MDA of 510 feet. I believe he added 10 feet to the actual MDA of 500 feet as a small buffer to remain above the actual minimums. At the missed approach point; the pilot added power and started to climb. I noted our aircraft was exactly at 500 feet as he added power to begin flying the missed approach procedure; which as a climbing right turn to 3;000 feet. As the pilot flying added full power to climb; I spotted the other aircraft slightly ahead of the left wing at approximately the 10 o'clock position. At the time; it appeared to be about 30-40 feet above us and at a lateral distance of about 500 feet. The other aircraft was in sight for perhaps 4-5 seconds before it passed 30-40 feet above us; and perhaps slightly behind us. As we had just started a climb; it appeared to me that we were on a collision course; and that the other aircraft might not have us in sight; since we were slightly below them. I told the pilot flying that'I had the controls.' I pushed hard on the yoke to stop the climb and continued to fly straight; rather than initiating the missed procedure approach turn; which might have put the two aircraft closer together. I was trying to descend the aircraft; but only succeeded in keeping it level; due to high control forces. Thinking the autopilot was on (it wasn't); I pushed the autopilot disconnect button on the pilot's yoke and continue to push hard on the yoke. The pilot flying later explained that he had already trimmed the aircraft for a climb; which is why I felt strong control forces. At most; I think we climbed 20 feet to about 520 feet MSL. At the time; I was shocked to see the other aircraft at approximately 530-540 feet MSL; while they were mid-field on the downwind. I believe that aircraft should still have been at pattern altitude at that time; as they had not reached the point where they were abeam the numbers on their downwind leg.In my opinion; key factors were:1) The controller apparently wasn't observing both aircraft; as he didn't seem to detect that we were on a collision course with each other. I don't recall the controller ever pointing out the other aircraft to us. It would have been safer if he'd instructed our aircraft to begin our missed approach two miles before the missed approach. For example; when the pilot flying and I were flying instrument approaches to [the same] airport in the same aircraft; at approximately the same time; on the previous day; the local controller did instruct us to begin our missed approach two miles before the missed approach point because of traffic in the pattern.2) The other aircraft was hundreds of feet below the traffic pattern altitude. If it had maintained the correct traffic pattern altitude of 884 feet MSL; the incident would have been completely avoided. 3) Had I; or the pilot in the other aircraft; spotted each other sooner; we could have maneuvered to avoid a NMAC.Other items1) VFR flight on practice instrument approach. Barometer was set prior to the first approach to the ILS; after listening to ATIS. As I recall; the setting was only slightly different from the setting used at the departure airport. 2) Detailed weather conditions at altitude or flight level. Weather was excellent. Visibility was unlimited and clouds were above 10;000 feet. 3) Reported separation in distance at first sighting; proximity at closest point horizontally and vertically; and length of time in sight prior to evasive action. First sighting: 30-40 feet vertically and 500 feet laterally.  At closest point; 20 feet vertically and perhaps 100 feet laterally; if the other aircraft passed behind the aircraft and not directly overhead (impossible to determine exact passage point; as our view was blocked by our wing).  1-2 seconds passed prior to evasive action began.




Synopsis: A flight instructor reported a near midair collision while providing instrument instruction to a student. Several human factors were noted by the reporter.