# NTSB ANC04FA016: Piper J3C-65, N2094M, Peoria, AZ, December 28, 2003

- Type: NTSB accident investigation
- Classification: Accident · Fatal · Field investigation · Final report
- Date: December 28, 2003, 13:12 local (20:12 UTC)
- Place: Peoria, AZ
- Coordinates: 33.801109, -112.251113
- Nearby events: https://openairdocs.org/map.md?lat=33.8011&lon=-112.2511&mi=10
- Phase of flight: [Approach](https://openairdocs.org/ntsb-phases/500) (OpenAirDocs' grouping)
- Highest injury: Fatal
- Injuries: 4 fatal
- Status: Completed, report December 28, 2004
- Report: Approved by Office Director
- NTSB office: Alaska Regional Office
- Parties: Federal Aviation Administration, Piper Aircraft
- NTSB case key (mKey): 58537
- NTSB case page: https://web.ntsb.gov/investigations/?ntsbnumber=ANC04FA016
- NTSB report (PDF, downloads): https://data.ntsb.gov/carol-repgen/api/Aviation/ReportMain/GenerateNewestReport/58537/pdf
- Page: https://openairdocs.org/ntsb/ANC04FA016

## Probable cause (aircraft 2)

The inadequate visual lookout by the pilots of both aircraft, which resulted in their failure to see-and-avoid each other's aircraft and a subsequent midair collision.  A factor associated with the accident was the airplane pilot's failure to determine that the aerobatic box was in use by the glider prior to his entry into the aerobatic box.

## Sequence of events

In NTSB's coding before 2008 (https://www.ntsb.gov/GILS/Documents/codman.pdf).

- Midair collision, approach - vfr pattern - downwind
  - visual lookout - inadequate, pilot in command (cause)
  - visual lookout - inadequate, pilot of other aircraft (cause)
  - procedures/directives - not followed, pilot in command (contributing factor)
- In flight collision with terrain/water, descent - uncontrolled
  - terrain condition - ground
- Midair collision, maneuvering
  - visual lookout - inadequate, pilot in command (cause)
  - visual lookout - inadequate, pilot of other aircraft (cause)
  - procedures/directives - not followed, pilot of other aircraft (contributing factor)
- In flight collision with terrain/water, descent - uncontrolled
  - terrain condition - ground

## Analysis (aircraft 2)

The commercial certificated pilot of an aerobatic glider, with one passenger, was performing a series of aerobatic maneuvers within an aerobatic box, which was adjacent to runway 5L at an uncontrolled airport.  The aerobatic box measured 1 kilometer square, and extended from the surface up to 6,600 feet msl (5000' agl).  The southern boundary of the aerobatic box was located about 1,490 feet north of runway 5L's centerline.  Concurrently, a Piper J3C airplane with the commercial pilot/flight instructor/airplane owner seated in the front seat, and a private pilot seated in the rear seat, departed runway 5L, and made a left downwind turn into the area where the glider was performing the aerobatic maneuvers.  Witnesses said that as the glider reached the top of the loop, the nose lowered, eventually pointing straight down.  As the glider began to recover from the maneuver, about 600 feet agl, the left wing of the oncoming Piper struck the tail of the glider between the empennage and the main fuselage, severing the empennage of the glider.  Witnesses said that during the collision, a large portion of the left outboard wing of the Piper separated, and both the glider and the Piper entered uncontrolled descents.  Both aircraft came to rest close to the center of the aerobatic box.  According to the airport facilities directory, aircraft departing from runway 5L, are instructed to fly a right-hand traffic pattern.  However, the airport's segmented circle depicts a left-hand departure from runway 5L.  Radio equipped aircraft may utilize a common traffic advisory frequency of 122.9 Hz.  Neither of the aircraft involved in the accident had a radio, nor were they required to.  The front seat pilot of the Piper had based the accident airplane at the accident airport for several years, and was familiar with the procedures for operating at the airport.

## Factual narrative (aircraft 2)

HISTORY OF FLIGHT

On December 28, 2003, about 1312 mountain standard time, a wheel-equipped Piper J3C-65 airplane, N2094M, and a Schleicher ASK-21 aerobatic glider, N274KS, were destroyed during a midair collision, about one-half mile north of the Pleasant Valley Airport, Peoria, Arizona. The two occupants of the Piper, and the two occupants of the glider, were fatally injured.  The aircraft collided after the Piper departed runway 5L at the Pleasant Valley Airport about 1310, and turned southwest, into the area where the glider was performing aerobatic maneuvers.  Witnesses reported that following the collision, both aircraft entered uncontrolled descents and impacted the desert terrain north of the airport.  The private pilot of the Piper was seated in the rear seat, and the airplane owner, a commercial pilot and certificated flight instructor, was seated in the front seat.  The Piper was being operated under Title 14, CFR Part 91, as a local area personal flight.  According to the Federal Aviation Administration (FAA) Medical Records Center, the airplane owner did not possess a current airman's medical certificate.  The Schleicher glider was operated by the Turf Soaring School, Peoria, under Title 14, CFR Part 91, as an instructional/demonstration flight.  The pilot of the Schleicher glider, a commercial glider pilot and certificated flight instructor, was seated in the rear seat, and the passenger was seated in the front seat.  The glider departed the Pleasant Valley Airport about 1250.  Visual meteorological conditions prevailed, and no flight plans were filed.

During the on-scene investigation on December 29, witnesses familiar with powered airplane and glider operations near the accident airport, related to the National Transportation Safety Board (NTSB) investigator-in-charge (IIC) that the Piper departed runway 5L, made a climbing left turn, and leveled off at pattern altitude, or about 600 feet agl (above ground level).  The witnesses said that the left turn continued until the airplane was on a southwesterly heading, consistent with a left downwind approach for a landing on runway 5L.

Concurrently, the Schleicher glider was performing aerobatic maneuvers in an area located to the north of the Pleasant Valley Airport, within an area known to local pilots as the "aerobatic box," which measures 1 kilometer square, and extends from the surface up to 6,600 feet msl (5000 feet agl).  The southern edge of the aerobatic box was located about 1,490 feet north of the centerline of runway 5L at the Pleasant Valley Airport.

Witnesses reported to the NTSB IIC that as the Schleicher glider was performing a loop, the glider climbed to an altitude of about 800 feet agl, above the path of the southbound Piper.  The witnesses said that as the Schleicher glider reached the top of the loop, the nose lowered, eventually pointing straight down.  As the glider began to recover from the maneuver, about 600 feet agl, the left wing of the oncoming Piper struck the tail of the Schleicher glider between the empennage and the main fuselage, severing the empennage of the glider.  The witnesses said that during the collision, a large portion of the left outboard wing of the Piper separated.

PERSONNEL INFORMATION

Piper J3C-65:

Both occupants of the Piper were certificated pilots, and both pilots had access to the airplane's flight controls.

Front seat pilot:

The airplane owner, was seated in the front seat, and held a commercial pilot certificate with airplane single-engine land and multi-engine land ratings.  He also held a current flight instructor certificate with airplane single-engine land and instrument ratings.

A review of the pilot's medical records on file with the Federal Aviation Administration (FAA) Aerospace Medical Certification Division, located in Oklahoma City, Oklahoma, revealed that the front seat pilot's most recent (expired) second-class medical certificate was issued to the pilot on February 28, 2001.  According to the FAA records, and due to the pilot's medical history, the medical certificate was issued in accordance with an "authorization for special issuance."  The medical certificate contained the limitation/restriction "Not valid for any class after February 28, 2002."

On February 8, 2003, the front seat pilot applied for a replacement second-class medical certificate.  A review of the pilot's medical application noted in section 19, when asked: "Visits to health professional within Last 3 Years?"  The pilot checked "Yes" and noted that on August 10, 2002, he underwent open-heart surgery, for a triple bypass heart operation.   According the FAA medical records, the examining physician forwarded the pilot's FAA medical application to the FAA's Aerospace Medical Certification Division. The examining physician did not issue the pilot a replacement medical certificate, but instead "deferred" the front seat pilot's medical application to the Aerospace Medical Certification Division for further review and consideration.

In a letter dated September 23, 2003, the manager of the FAA's Aerospace Medical Certification Division requested additional supporting medical information from the front seat pilot, including a current treadmill stress test.  According to the medical records obtained by the NTSB, the pilot did not provide the requested additional information to the FAA's Aerospace Medical Certification Division.  According to the FAA, at the time of the accident, the front seat pilot did not possess a current FAA medical certificate.

According to the pilot's application for medical certificate, dated February 8, 2003, the front seat pilot indicated that his total aeronautical experience consisted of about 14,000 hours, of which 70 were accrued in the previous 6 months.

According to a personal acquaintance of the front seat pilot/owner, the accident airplane had been based and operated out of the Pleasant Valley Airport for several years.  He added that the front seat pilot was a friend of the glider pilot, and that both pilots regularly attended various social functions at the Pleasant Valley Airport.

Rear seat pilot:

The rear seat pilot held a private pilot certificate with airplane single-engine land ratings.  He also held an instrument airplane rating.  The most recent third-class medical certificate was issued to the pilot on December 5, 2003, and contained the limitation that the pilot must have corrective lenses for near vision.

According to the pilot's logbook, his total aeronautical experience consisted of about 819.8 hours, with no flight activity being recorded between August 30, 1998 and December 13, 2003, or 15 days before the accident.  According to an entry made in the rear seat pilot's logbook, he received a biennial flight review (BFR) from the front seat pilot on December 13, 2003.   In the preceding 30 days prior to the accident, the logbook lists a total of 2.6 hours.  The rear seat pilot did not have a current tailwheel endorsement.

Schleicher ASK-21 aerobatic glider:

The Schleicher glider pilot held a commercial pilot certificate with a glider rating.  In addition, he held an airplane single-engine land rating limited to private privileges.  According to medical records on file with the Federal Aviation Administration (FAA) Aerospace Medical Certification Division, the glider pilot did not possess a current FAA medical certificate, nor was one required for the operations being conducted at the time of the accident.

No personal flight records were located for the glider pilot, and the aeronautical experience listed on page 3 of this report was obtained from a review of the airman's FAA records on file in the Airman and Medical Records Center located in Oklahoma City.  On the pilot's last application for medical certificate, dated August 16, 2000, the pilot indicated that his total aeronautical experience consisted of 2

## Aircraft 1

- Registration: [N2094M](https://openairdocs.org/deregistered/N2094M-2007-12-06), registration cancelled 2007-12-06, S/N 20873, built 1946 (OpenAirDocs)
- Reported make and model: Piper J3C-65
- Registry model: [Piper J3C-65](https://openairdocs.org/model/piper-j3c-65) (registry code 7100510) (OpenAirDocs)
- Registry engine: [Continental A&C65 series](https://openairdocs.org/engine/continental-a-c65-series) (registry code 17003, reciprocating) (OpenAirDocs)
- Category: Airplane
- Serial number: 20873
- Airframe hours: 3574.9
- Engines: Continental A65-8F 65 horsepower reciprocating
- Damage: Destroyed
- Flight: Personal, Part 91
- Registered owner: Carl G. Remmel
- Airworthiness certificate: Standard, Normal
- Last inspection: Annual, May 8, 2003
- Departed: P48, Pleasant Valley, AZ
- Destination: P48, Peoria, AZ
- Airport: P48, Pleasant Valley

## Aircraft 2

- Registration: [N274KS](https://openairdocs.org/deregistered/N274KS-2005-08-17), registration cancelled 2005-08-17, S/N 21195, built 1983 (OpenAirDocs)
- Reported make and model: Schleicher ASK-21
- Registry model: [Schleicher ASK-21](https://openairdocs.org/model/schleicher-ask-21) (registry code 38015GY) (OpenAirDocs)
- Registry engine: [NONE](https://openairdocs.org/engine/none) (registry code 00000, none) (OpenAirDocs)
- Category: Glider
- Serial number: 21195
- Airframe hours: 10123.4
- Damage: Destroyed
- Flight: Instructional, Part 91
- Operator: Turf Soaring School
- Registered owner: Baboquivari Soaring School, Inc.
- Airworthiness certificate: Standard, Normal; Standard, Aerobatic
- Last inspection: 100 hour, November 10, 2003
- Departed: P48, Peoria, AZ
- Destination: P48, Peoria, AZ
- Airport: P48, Pleasant Valley

## Flight crew

As NTSB recorded them. NTSB leaves out names.

- Pilot, aircraft N2094M; age 82; injuries: fatal; commercial; airplane ratings: single-engine land, multi-engine land; instrument ratings: airplane; medical: expired; seat: front; toxicology performed; flight hours: 14,000 total, 70 in the last 90 days
- Pilot, aircraft N2094M; age 61; injuries: fatal; private; airplane ratings: single-engine land; instrument ratings: airplane; medical: class 3, valid medical--w/ waivers/lim; last flight review December 13, 2003; seat: rear; toxicology performed; flight hours: 820 total, 3 in the last 30 days
- Pilot, aircraft N274KS; age 30; injuries: fatal; private, commercial; airplane ratings: single-engine land; seat: rear; toxicology performed; flight hours: 2,500 total

## Weather

- Conditions: Visual (VMC), Day
- Visibility: 50 statute miles
- Lowest ceiling: none
- Temperature: 70 °F

## FAA reports on this event (2)

The FAA's own accident and incident reports, matched to the aircraft by N-number and date (OpenAirDocs).

- [Accident 20031228036511A](https://openairdocs.org/incident/20031228036511A), Dec 28, 2003: Piper J3C65, Peoria, AZ, Destroyed, 2 fatal. (-23) Witnesses stated the Piper J-3C-65 N2094M was downwind for runway 5L at Pleasant Valley Airport (P-48) at approximately 500 to 600 feet AGL; a schleicher…
- [Accident 20031228036512A](https://openairdocs.org/incident/20031228036512A), Dec 28, 2003: Schler ASK21, Peoria, AZ, Destroyed, 2 fatal. (-23) Witness statements indicate N2094M, a Piper J3C-65, took off from runway 5L at P48 and remained in left-closed traffic in a southwest direction. N274KS,…

From the NTSB's public API. Aircraft are matched to registry aircraft by N-number and event date, checked against the reported serial number, make and model; the registry's history has gaps, so older matches can be wrong. Compare the reported make and model.

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