Small Aircraft; High Wing; 1 Eng; Fixed Gear
Flight Crew Air Transport Pilot (ATP); Flight Crew Instrument; Flight Crew Multiengine
Flight Crew Last 90 Days 180; Flight Crew Total 14000; Flight Crew Type 1000
Situational Awareness; Communication Breakdown
Conflict NMAC; Deviation / Discrepancy - Procedural FAR; Deviation / Discrepancy - Procedural Published Material / Policy
Flight Crew Took Evasive Action
Human Factors; Procedure
I am a pilot who hasn't flown GA in XY+ years. I hired this pilot to re-familiarize me in the GA world. Instructor is very capable and in my opinion did nothing incorrectly. We had been doing touch and go's at ZZZ1 airport; and we were returning to ZZZ to land. The runway being used was XX. The instructor was flying back and made all the required calls on the Unicom frequency. I was in the left seat; watching instructor fly and listening to instructor speak on the radio. I saw a plane turn toward us as instructor started to make base turn and I told instructor to roll out and stay downwind. Instructor lifted wing and saw the traffic coming right at us. He had taken off on Runway YY. He never made any calls. He was turning upwind when we were turning base. He finally saw us and passed behind us. He made a comment on the radio; admitting to making 'a huge mistake' and apologized for it. The runway in use was definitely XX with a 10 kt head wind. I shudder to think what would have happened if I hadn't seen him.
Pilot reported taking evasive action to avoid a collision with another aircraft that failed to follow established departure procedures.