Date: 202008
Local time of day: 0601-1200
Location: ZZZ.Airport, US
Flight conditions: VMC
Light: Daylight
Aircraft: Small Aircraft; Low Wing; 1 Eng; Fixed Gear
Operator: FBO
Operating under: Part 91
Flight plan: VFR
Mission: Training
Flight phase: Initial Approach; Final Approach
Airspace: Class E ZZZ
ATC / advisory: CTAF ZZZ
Second aircraft: Small Aircraft; Low Wing; 1 Eng; Fixed Gear
Reporter organization: FBO
Reporter function: Instructor
Reporter qualification: Flight Crew Commercial; Flight Crew Flight Instructor; Flight Crew Instrument; Flight Crew Multiengine
Human factors: Communication Breakdown; Confusion; Distraction; Other / Unknown; Situational Awareness; Time Pressure; Troubleshooting
Anomaly: Conflict NMAC; Deviation / Discrepancy - Procedural FAR; Deviation / Discrepancy - Procedural Published Material / Policy
Detector: Person Flight Crew
When detected: In-flight
Result: Flight Crew Took Evasive Action
Contributing factors: Airport; Airspace Structure; Human Factors
Primary problem: Human Factors

Narrative: On [date]; my commercial student and I were inbound to ZZZ from ZZZ1. We began making radio calls on the CTAF at 25 nm out; stating our intentions that we were inbound for a touch and go RWY XX. Around 15 miles out; we saw an ADSB target directly over top the airport; climbing and descending rapidly; with gains and losses of 3000 ft.; nearly instantaneously. The target would appear momentarily and then disappear entirely; so I assumed this to all be in error; but continued scanning for traffic in that area. At our 10 mile call; I made the call for my student; stating 'ZZZ Traffic; Aircraft X; 10 miles north of the field; 9000 ft.; we'll be circling over the city to descend to pattern altitude; then entering a right downwind for runway XY ZZZ Traffic'. My student corrected me after the call; saying I had mistakenly said XY instead of XX. I called back up and said 'Sorry; RWY XX; ZZZ traffic.' Someone responded to this call; saying 'Right On.' This was the only radio call we heard that could be assumed to come from the aircraft operating over the airport. We continued to make one or two more similar position report calls; while descending. During this time a jet called; stating they were taxiing for runway XX. Once my student and I neared pattern altitude; I spotted traffic performing aerobatics over the airport; though he appeared to be above our altitude. At this time I stated on the radio 'ZZZ traffic; is the aircraft performing aerobatics over the airport on frequency?' and received no response. We continued inbound to the downwind leg (entering on a 45) in right traffic; when the aircraft performed an inverted loop; which we could clearly see was at least at our altitude; 6600 ft.; if not below; directly over the runway. At this time I stated to my student 'This is stupid. I don't feel comfortable at all doing a touch and go with this guy over the runway'; to which my student agreed and we began an immediate right hand turn away from the airport. My student stated at this time 'Is this guy following us?' I looked back and saw him turned directly towards us; same altitude and gaining on us in distance; maybe at this time only 500 ft. away. In this moment I remember thinking; 'He's going to hit us; there's no way we can avoid this.' I asked my student to maintain visual with him and took controls. I began to dive down since this aircraft was significantly faster than us; and was at our previous altitude; heading directly for us. In the moment I thought if I could increase our airspeed to create a little more distance; as well as get down lower; he wouldn't be performing aerobatics that low; and would get us out of the immediate danger we were in. I asked my student if he could see him anymore when we were approx. 500 ft. AGL and he said 'No;' and then yelled 'Whoa! He is really close to us!' I looked back at this time and saw what appeared to be a mostly black aircraft; clearly a tail wheel; low wing aircraft; appeared to be an [type aircraft] with red and white stripes turning to avoid an imminent collision; in a 60-90 bank; same altitude; approx. 100-200 ft. away from us. At this time the aircraft was further away from us than when my student initially saw him. If they had not been banked; we would have been close enough to clearly make out a tail number. During this time; the jet on the ground had continued to make radio calls about taxiing out; switching to runway XZ; and holding short of runway XZ for an IFR departure. I asked again on the CTAF 'Aircraft performing aerobatics over the airport; are you on frequency?' Again; to no reply. At this time I advised the jet taking runway XZ for departure that there was an aircraft performing aerobatics at pattern altitude; over the airport; and they were not on frequency; to which they replied 'Thanks for the heads up.' We then began a climb; departing the area. As I was reflecting on what had just happened; I found myself unable to shake the feeling that the aircraft had purposefully gotten close to us to try and scare us; because it seemed to be too much of a coincidence for the aircraft to change its course and suddenly fly directly towards us; following us down to such a low altitude. Upon return to ZZZ2; I reached out to a friend who has flown aerobatics; to find out if they knew anyone who flew a black [type aircraft] or another aircraft of similar make; that would be flying in the area; they listed 3 [type aircraft] that they knew of that operated near ZZZ; including one described to be black and red. They asked why I was asking; and I explained what had happened to me. The text message I received after my explanation read: 'Oh; that's the [expletive] [removed] for sure. I'd have the chiefs call him if you guys want to continue using ZZZ. He seems to think he owns the airport and that nobody else can fly in while he's doing aerobatics. He's never on frequency and cut us off all the time. But do be aware that he'll fight it saying that radio calls aren't required in the airspace.' And then followed this with 'He might have a practice box/unlimited waiver.'I reached out to my student for a better explanation of what he saw since he was able to maintain better visual with the aircraft; and he stated 'When we turned he performed a descending maneuver and turned straight at us at the same altitude. He was directly behind us because we couldn't see him. He caught up to us and as I looked behind they made a steep left turn towards the airport. You could have thrown a baseball and hit them; that's how close they were. I think they intentionally tried to fly close to us and then turn at the last second.'I believe the root cause of this problem was careless and reckless operation of an aircraft. The pilot operating the aerobatic aircraft was in violation of 91.111(a) No person may operate an aircraft so close to another aircraft as to create a collision hazard; 91.303(e); No person may operate an aircraft in aerobatic flight - below an altitude of 1;500 ft. above the surface; and 91.139(a) No person may operate an aircraft in a careless or reckless manner so as to endanger the life or property of another. Not only did the aircraft place mine and my student's lives in danger; but he placed the lives of many others in danger; such as those onboard the jet taking off. I have great concern for the judgment exercised by this pilot; as I am unable to find a reason for performing low level aerobatics in the traffic pattern of an airport in any situation; other than the airport being closed and appropriately NOTAMed. This action alone seems careless and reckless; and if the pilot continues to exercise this poor judgement; he will likely endanger the lives of many other pilots. If this pilot can be identified; I feel that retraining for the pilot would be helpful in correcting these hazardous behaviors exhibited today.

Callback: Reporter was advised of option to contact FAA Hotline.



Synopsis: Flight instructor reported an NMAC in the landing pattern with an aircraft that was performing aerobatics.