Skyhawk 172/Cutlass 172
Flight Crew Commercial; Flight Crew Flight Instructor; Flight Crew Instrument
Flight Crew Last 90 Days 34; Flight Crew Total 390; Flight Crew Type 340
Confusion; Communication Breakdown; Situational Awareness
ATC Issue All Types; Conflict NMAC
Flight Crew Took Evasive Action
Human Factors; Procedure
While aircraft 1 was departing upwind Runway 27R; aircraft 2 provided an incorrect position report northwest of the airport. Tower quickly corrected the aircraft; indicating their position was directly west of the airport; and provided them with a traffic report of aircraft 1 which was upwind of 27R. Aircraft 2 reported aircraft 1 was in sight directly below them. Tower instructed aircraft 2 to turn left and fly northeast bound. Aircraft 2 was currently south of aircraft 1; eastbound. Tower then provided a traffic report for aircraft 1; reporting aircraft 2 '11 o'clock and a mile; Skyhawk; turning northeast bound; 2;100 FT.' Aircraft 1 reported 'looking for traffic.' Tower then instructed aircraft 1 to maintain current altitude; asking 'you're 1;600 correct?' Aircraft 1 reported 'currently 2;100.' Tower instructed aircraft 1 to descend to 1;600; simultaneously aircraft 1 reported aircraft 2 in sight; same altitude; and that aircraft 2 was turning into their flight path. Tower then stated to aircraft 1; that aircraft 2 would be flying over the top of them; to descend if need to; and that aircraft 2 would be maintaining their altitude. The instructor in aircraft 1 did not hear the instruction to descend from the Tower Controller; however did see aircraft 2 at the same altitude and on a collision course and made an immediate 'see and avoid' decision to climb over the aircraft rather than descend below it.
While following ATC instructions I had to evade another aircraft that was also being given faulty instructions for ATC. In this situation; I believe the Controller got behind and was struggling to handle the aircraft under control. One thing the Controller could improve on are ways to stay ahead and maintain situational awareness of where they are sending aircraft to avoid this situation in the future.
Several reporters described a conflict event involving training aircraft at GFK while entering and departing the traffic pattern.