In article et, Dave S
writes:


His not being where you expect him to be... has nothing to do with your
(and his) mutual obligation to see and avoid each other. There is no
requirement to even USE a pattern. You cant depend on other traffic
having a radio at the uncontrolled fields I use.


However is inside pattern and failure to reach the published pattern altitude
created a positioning that made it impossible for either of us to see or avoid
the other.

Had I not been nervous about NOT being able to see him and not knowing, since
he was NORDO, if he had remained in the pattern or flown straight out, he would
have had landing gear poking down through his wings in just a few more seconds.

It may be true that folks aren't required to fly a standard pattern, at the
published altitude, but I am saying it is good practice to do so, and
unnecssarily risky to not.

And that flying predictably when NORDO is even more important.

Not law, just good sense.

Don

--
Wm. Donald (Don) Tabor Jr., DDS
PP-ASEL
Chesapeake, VA - CPK, PVG