ATL04LA166

The pilot purchased the non-registered airplane and was conducting a test flight to become familiar with the flight characteristics of the airplane. The pilot did not have any flight time in the FREEBIRD airplane. The pilot informed his son, that he was going to ground taxi the airplane, allow the airplane to get airborne, and land the airplane before he continued the takeoff. The pilot also stated, if he encountered a stall, he would push the nose of the airplane over to gain airspeed. The pilot conducted a preflight inspection and no anomalies were noted. The son stated his father started the ground taxi, the airplane became airborne, and the nose of the airplane was observed to pitch up and down. The son was surprised when his father continued the takeoff instead of landing the airplane. As the speed of the airplane increased the airplane stabilized, and the airplane continued in a climb. The airplane was observed to enter left closed traffic for runway 15, and was between 100 to 250 feet above the ground. The airplane was observed turning to final, and a decrease in engine power was heard. The airspeed of the airplane decreased. The nose of the airplane was observed to pitch down, up, down, and back up about 45-degrees before the left wing dropped down. The son stated, "he knew the airplane had stalled, and watched it descend and collide with the ground." Performance data for the FREEBIRD indicates the airplane will stall at 32 mph. Examination of the airframe, flight controls, and engine assembly and accessories revealed no anomalies.

History of flight

On August 8, 2004, at 1017 central daylight time, an unregistered FREEBIRD experimental airplane, operating as a 14 CFR Part 91 personal flight, collided with the ground while on final approach to Franklin Wilkins Airport, Lexington, Tennessee. Visual meteorological conditions prevailed and no flight plan was filed. The unregistered airplane was destroyed. The commercial pilot was fatally injured. The flight originated from Lexington, Tennessee, on August 8, 2004, at 1012.

The son of the pilot stated his father took the airplane to Franklin Wilkins Airport to conduct a test flight because he did not have any flight time in the FREEBIRD airplane and he was unfamiliar with its flight characteristics. His father intended to ground taxi the airplane, allow it to get airborne, and land until he was familiar with the airplane. His father informed him, that if the airplane stalled, he would push the nose over to gain airspeed. He watched his father completed a preflight inspection and no anomalies were noted. His father started the airplane and taxied it in the grass area next to the runway. The son observed the airplane become airborne, and the nose pitched up, and down. The son stated he was surprised when his father continued the takeoff instead of landing the airplane. The speed of the airplane increased and the airplane stabilized, as his father continued the takeoff climb. The airplane was observed to enter left closed traffic for runway 15, and was between 100 to 250 feet above the ground. The airplane turned final, a decrease in engine power was heard, and the airspeed of the airplane decreased. The nose of the airplane was observed to pitch down, up, down, and back up about 45-degrees before the left wing dropped down. The son stated, "he knew the airplane had stalled, and watched it descend and collide with the ground."

Personnel information

Review of information on file with the FAA Airman's Certification Division, Oklahoma City, Oklahoma, revealed the pilot was issued a s commercial pilot certificate on September 15, 1968. The pilot did not hold a current medical certificate. The pilot reported on his last application for a medical certificate that he had accumulated 2,000 total flight hours. The son of the pilot stated he could not locate his father's pilot log book and he did not know when his father completed his last flight review.

Aircraft information

According to the son of the pilot, his father purchased the FREEBIRD on March 21. 2004, and no log books came with the airplane. The total engine and airframe time could not be determined.

Meteorological information

The closest weather reporting facility was Mc Kellar-Sipes Regional Airport, Jackson, Tennessee, located 26 miles west of the accident site. The surface weather observation at 0953 was, winds 170-degrees at 4 knots, visibility 9 miles, clear, temperature 75-degrees Fahrenheit, dew point temperature 64-degrees Fahrenheit, and altimeter 30.15.

Wreckage and impact information

Examination of the wreckage revealed the airplane collided with the ground in a nose down, left wing low attitude. The left wing was pushed aft and the leading edge of the wing received accordion crushing. The right wing received minor damage. Examination of the airframe, engine assembly, and flight controls revealed no anomalies. The engine assembly and propeller remained attached to the airframe.

Medical and pathological information

No autopsy was performed. A death certificate was issued by Henderson County Medical Examiner, Lexington, Tennessee, on August 18, 2004. The cause of death was "massive blunt trauma." Postmortem toxicology of specimens was not performed.

Test and research

Review of 14 CFR Part 103.1 states for the purposes of this part, an ultra light vehicle is a vehicle that:...

"(1) Weigh less than 254 pounds empty weight, excluding floats and safety devices which are intended for deployment in a potentially catastrophic situation;...

(4) Has a power-off stall speed which does not exceed 24 knots calibrated airspeed."

Review of 14 CFR Part 47.3 states, "(b) No person may operate an aircraft that is eligible for registration under section 501 of the Aviation Act of 1958 unless the aircraft- -

(1) has been registered by its owner."

Review of the FREEBIRD specifications revealed the empty weight is 385 pounds. Review of performance data revealed the FREEBIRD will stall at 32 mph.

Additional information

The wreckage was released to the family of the pilot.