RV-8
Flight Crew Air Transport Pilot (ATP); Flight Crew Flight Engineer; Flight Crew Flight Instructor; Flight Crew Instrument; Flight Crew Multiengine
Flight Crew Last 90 Days 57; Flight Crew Total 9670; Flight Crew Type 1444
Situational Awareness
Conflict NMAC
Flight Crew Took Evasive Action
Human Factors; Procedure
Departing OSH IFR runway heading; cleared to 3;000 feet MSL. Passing 1;800 feet two aircraft on the FISK arrival were passing from left to right at the same altitude. The second aircraft; a single engine Piper; was about 300 feet in front of us; heading approximately 040 degrees. I maneuvered to the left; maintaining about a 300 feet separation; but close enough that I could read the N number of the aircraft. Neither aircraft appeared to take note of our aircraft; and made no avoidance corrections. Obviously; an IFR aircraft in VMC is responsible for 'see and avoid' which solved the problem. However; I believe that an initial altitude assignment of 1;300 feet until beyond the FISK arrival path to Runway 27 would give 500 feet of vertical separation; and allow a safer transition from OSH Tower to Milwaukee Departure. It is ironic that all three aircraft were in positive ATC control; our aircraft with OSH Tower/Milwaukee Departure; and the VFR inbounds in contact with the FISK arrival controllers and OSH Tower. Of course; the FISK arrival aircraft are operating with their transponders off; so Milwaukee Departure would be unlikely to see their primary return.
RV8 pilot departing OSH reported an NMAC with an aircraft arriving on the FISK arrival.