Date: 201402
Local time of day: 1201-1800
Location: ZZZ.Airport, US
Flight conditions: VMC
Light: Daylight
Aircraft: Skyhawk 172/Cutlass 172
Operator: Personal
Operating under: Part 91
Flight plan: None
Mission: Personal
Flight phase: Final Approach
Airspace: Class E ZZZ
ATC / advisory: CTAF ZZZ
Second aircraft: PA-44 Seminole/Turbo Seminole
Reporter organization: Personal
Reporter function: Pilot Flying; Single Pilot
Reporter qualification: Flight Crew Private
Human factors: Situational Awareness; Communication Breakdown
Anomaly: Conflict NMAC
Detector: Person Flight Crew
When detected: In-flight
Result: Flight Crew Became Reoriented
Contributing factors: Human Factors; Airport
Primary problem: Human Factors

Narrative: I hadn't flown in about a month due to weather and other commitments; and I wanted to log some landings to keep fresh. It was the first VFR day in about two weeks.  The airport was extremely busy; there were at least four aircraft in the pattern (upwind; crosswind; downwind; base and final); and another two; on average; on the 45 or otherwise inbound. This airport shares a CTAF frequency with a nearby airport; and the radio was also extremely busy. Every other transmission was garbled due to simultaneous transmissions. I was on base leg; the aircraft ahead of me (another C-172) was on the runway; half-way though a touch-and-go. I made a radio call; checked out the right window and began turning final. As I rolled-out of my turn the right wing lowered and I could see the other aircraft (a Piper Seminole); which was above and right of my aircraft. I estimate that Seminole was less 200 FT above and to the side. I remember that I could clearly see the gear doors and streaks of dirt on the underside of the fuselage. Immediately after noticing them; I heard them call a missed approach. At this point; I was very startled; and I called on the radio to ask whether they had made any calls. There was no reply; and they appeared to have departed the area to the southeast. It didn't appear that they were intending to complete their landing; as their landing gear was still up. I completed my landing and hangared the aircraft. I went into the FBO afterward to discuss the issue; and asked around whether anyone had heard them make any radio calls. Someone had heard them call a 10 mile final; but no calls after that. There is a flying school on the field (in addition to the flying school based at the FBO) that makes extensive use of the Piper Seminole. It is my assumption that they were doing ILS practice approaches. While none of the following events are as bad as the subject of this report; there have been several issues with people flying into a busy pattern on the ILS. I'm not sure if there is clear guidance regarding right-of-way rules regarding ILS approaches into busy uncontrolled fields in VMC. There is FAR 91.113(g) which states 'Aircraft; while on final approach to land or while landing; have the right-of-way over other aircraft in flight or operating on the surface; except that they shall not take advantage of this rule to force an aircraft off the runway surface which has already landed and is attempting to make way for an aircraft on final approach. When two or more aircraft are approaching an airport for the purpose of landing; the aircraft at the lower altitude has the right-of-way; but it shall not take advantage of this rule to cut in front of another which is on final approach to land or to overtake that aircraft.' It is my opinion that; unless the aircraft on the ILS is on short-final they will virtually always be above traffic in the pattern; and would not have right-of-way. Contributing factors: Busy pattern busy radio (shared with another nearby airport) low-wing aircraft overtaking above a high-wing aircraft. ILS traffic likely focused inside the aircraft (was there a safety pilot?) Lack of radio calls from ILS aircraft failure of ILS aircraft to apply FAR 91.113(g) preventing a reoccurrence: There are a few things that could have prevented this event; and should prevent them in the future. First; the radio was so busy it's possible that the Seminole was making calls but they were garbled. Discrete frequencies for these two airports could provide some relief. Also; I think it's easy for pilots operating under IFR in VMC can forget that a clearance to land does not protect them from VFR aircraft; nor does it give them right-of-way. Perhaps ATC could mention that fact when clearing aircraft to land at airports in Class E or G airspace in VMC.




Synopsis: C172 pilot experiences a NMAC with a PA44 during the turn to final in the traffic pattern. The PA44 was straight in on the ILS and did not make position reports that were heard. A very busy pattern along with garbled transmissions due to the CTAF being shared with a nearby airport were factors.