ATL07FA013

The pilot filed an instrument flight rules (IFR) flight plan and obtained an abbreviated weather briefing for a flight from North Palm Beach, Florida, to a visual flight rules (VFR) airport at Mooresville, North Carolina, with a 1200 arrival. The forecast for the destination airport was: overcast ceiling at 1,000 feet, visibility 5 miles, with light rain and mist. The closest terminal aerodrome forecast to the pilot's destination airport was Charlotte/Douglas International Airport, approximately 30 miles south of the accident site. The forecast at 1026 was: overcast ceiling at 400 feet, visibility 2 miles, in moderate rain and mist. The forecast at 1131 was: overcast ceiling at 400 feet, visibility 1 1/2 miles, in light rain and mist. Between 1200 to 1600 the ceiling was forecast for 700 feet and 2 miles visibility. The pilot did not obtain any weather updates while en-route. Upon arrival in the Charlotte area, the controller cleared the pilot to start his descent. The pilot asked the controller for the weather at his destination airport. The controller informed the pilot the weather was IFR. The pilot requested and received clearance to divert to Statesville Regional Airport. The pilot was vectored and subsequently cleared for the ILS Runway 28 approach at Statesville. The pilot stated he flew the approach with the autopilot on, and completed the before landing check, lowered the flaps to 50 percent and ultimately 100 percent. He stated he did not remember descending below the clouds, or any events associated with the accident. Witnesses observed the airplane come out of the clouds over the runway. An increase in engine power was heard, the airplane was observed to start a right turn and entered the clouds. The pilot initiated a circling approach without ATC clearance and without the required weather minima for a circling approach. Witnesses heard the airplane north of the airport in the clouds, and observed the airplane a short time later below the clouds on the south side of runway 28, traveling from southeast to northwest. The airplane crossed the runway, entered the clouds, came out of the clouds, and was observed making a steep turn to the right and back to the left. The nose of the airplane then pitched down, and the airplane collided with trees and the ground. The checklist for a balked landing requires the pilot to set the flaps at 50 percent, airspeed between 75 to 85 KIAS until clear of obstacles, and then raise the flaps to 0 percent. The flaps at the crash site were extended 100 percent.

History of flight

On October 27, 2006, at 1216 eastern daylight time, a Cirrus SR22, N969ES, registered to a private owner, operating as a 14 CFR Part 91 personal flight, collided with trees while maneuvering in the vicinity of Statesville Regional Airport, Statesville, North Carolina. The pilot had been cleared by air traffic control (ATC) for an instrument landing system approach (ILS) to runway 28. Instrument meteorological conditions prevailed and an instrument flight plan (IFR) was filed. The airplane received substantial damage. The private pilot and one passenger received serious injuries. Two passengers were fatally injured. The flight originated from North Palm Beach County General Aviation Airport, West Palm Beach, Florida, on October 27, 2006, at 0900. The flight was en route to a visual flight rules (VFR) airfield, located at Lake Norman Airpark, Mooresville, North Carolina. The pilot diverted to Statesville, North Carolina, due to weather.

Review of transcripts revealed the pilot contacted Charlotte Approach control at 1134 and requested the weather at Charlotte. The controller advised the pilot the weather was 600 broken,1200 overcast, visibility one and half miles. The pilot asked the controller what the weather was at his destination airport. The controller informed the pilot the weather at Concord Airport ten to 15 miles from his destination was 200 overcast, 2 miles visibility, and mist. The pilot asked the controller to change his destination to Statesville. The controller approved the request, and provided the pilot with radar vectors to Statesville. The controller informed the pilot he was number 4 for the approach, and advised the pilot the displaced threshold to runway 28 was 2,000 feet. In addition, the controller informed the pilot that the airplane ahead of him reported breaking out of the clouds 50 feet above minimums. The pilot acknowledged the transmission. At 1203, the controller informed the pilot he was 7 miles from Pegte intersection, maintain 3,000 feet until established on the final approach course, and the pilot was cleared for the ILS runway 28 approach. The pilot acknowledged the clearance at 1206, and there were no further recorded transmissions with the pilot.

The pilot stated he received a full weather briefing from St. Petersburg, Florida, Lockheed-Martin Automated Flight Service Station for a weather briefing for the IFR flight to Mooresville, North Carolina. The weather was forecasted to be VFR upon his arrival. The ceiling was forecasted to be between 2,500 to 3,000 feet with rain showers and was not forecasted to decrease until between 1430 to 1500. The pilot stated he did not get any en-route weather updates. Before departing the pilot briefed the passengers on the emergency exits, use of restraint systems, and the Cirrus Airframe Parachute System (CAPS); however the pilot did not remove the safety pin on the CAPS before departing or during the flight. Upon arrival in the Charlotte area , the pilot stated he was handed off by ATC to Charlotte approach control, and he was instructed to descend. During the descent the pilot realized the weather at his destination airport may not be VFR. He requested permission from the controller to divert to Statesville. The controller approved his request and provided radar vectors to the ILS runway 28 final approach course. The pilot stated he was flying the airplane with the autopilot, and performed the before landing checks. The pilot extended the flaps to 50 percent and ultimately to 100 percent. The pilot stated he was not cleared by the controller for a circling approach or issued alternate missed approach procedures. The pilot remembered descending below the clouds on the approach, but could not remember any other events associated with the accident.

Witness stated the airplane was observed on approach for runway 28 at Statesville Regional Airport. The airplane came out of the clouds in the vicinity of taxiway D and continued over the runway to taxiway F. An increase in engine power was heard and the airplane started a right turn and entered the clouds. The airplane was heard north of the airport and was observed again on the south side of the runway traveling from southeast to the northwest located just below the clouds, and crossed runway 28. The airplane entered the clouds and came out of the clouds north of Aviation Drive. The witnesses observed the airplane make a sharp bank to the right estimated at a 45-degree angle of bank followed by a 45-degree left bank. The nose of the airplane was observed to pitch down and the airplane collided with trees and 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 private pilot certificate on June 20, 2003, with ratings for airplane single engine land, and instrument airplane. The pilot held a third class medical certificate issued on December 1, 2005, with the restriction "must have available glasses for near vision."

The pilot attended Cirrus SR22 flight training contracted out to Wings Aloft by Cirrus Design from September 4, 2001, through September 7, 2001. The pilot received 7 hours of ground school and 8.7 hours of dual instruction. The curriculum called for 5 hours of ground school and 7.75 hours of dual instruction including 1.5 hours for the final flight evaluation. The pilot did not receive a final evaluation flight and was not awarded a completion certificate. The instructor pilot noted in his daily notes on September 8, 2006, "the pilot did not fly consistently to the performance standards. The pilot was behind the airplane and general finesse was lacking." The pilot's insurance company did not require a factory sign off. The pilots stated he received additional flight instruction after returning home from his flight instructor who attended the SR22 training with him.

Review of the pilot's logbook revealed he has 717 total hours not including 3 hour and 16 minutes on the accident flight. The pilot has recorded 501 total flight hours in the SR22 of which 14 hours has been flown in the last 90 days and 5 hours has been flown in the last 30 days. The pilots last flight review and instrument proficiency check was conducted on June 25, 2005. The pilot's last recorded instrument flight was on June 26, 2006, and he has accumulated 51 hours of actual instrument flight time. The pilot has logged 92 hours of simulated instrument flight time. The pilot's last recorded flight was on October 18, 2006, in a Piper PA31. The pilot's last recorded flight in the SR22 before the accident flight was on October 4, 2006. The pilot's last recorded instrument approaches before the accident was on May 1, 2006, with a certified flight instructor.

Further review of the pilot's logbook revealed in the previous 12-month period before the accident, the pilot had logged 8.0 hours of actual instrument flight time, and 3.8 hours of simulated instrument flight time. The simulated instrument flight time included 1.8 hours with an instructor, and 2.0 hours of simulated instrument flight time as PIC, however, no safety pilot was noted in the remarks section of the logbook. In addition, the pilot had logged 7 instrument approaches. Six approaches were logged during 1.8 hours of simulated instrument flight with a flight instructor. The remaining approach did not indicate in the logbook if the pilot flew in instrument or simulated flight conditions. In addition, the logbook did not reflect the type of approach that was flown. Logbook entries revealed the pilot flew 3 solo instrument approaches. One approach was flown on July 2, 2003, January 25, 2005, and the last approach was flown on June 2, 2006. None of the flights indicated if the flights were flown in instrument or simulated instrument flight conditions, and the type of approach flown was not identified.

Aircraft information

Review of the