# NTSB ATL99FA078: Cessna 172N, N739FX, Winter Haven, FL, April 29, 1999

- Type: NTSB accident investigation
- Classification: Accident · Serious injuries · Field investigation · Final report
- Date: April 29, 1999, 17:55 local (21:55 UTC)
- Place: Winter Haven, FL
- Coordinates: 28.040569, -81.720031 (estimated)
- Nearby events: https://openairdocs.org/map.md?lat=28.0406&lon=-81.7200&mi=10
- Phase of flight: [Approach](https://openairdocs.org/ntsb-phases/500) (OpenAirDocs' grouping)
- Highest injury: Serious injuries
- Injuries: 2 serious, 1 minor
- Status: Completed, report November 30, 2000
- Report: Approved by Office Director
- NTSB case key (mKey): 46199
- NTSB case page: https://web.ntsb.gov/investigations/?ntsbnumber=ATL99FA078
- NTSB report (PDF, downloads): https://data.ntsb.gov/carol-repgen/api/Aviation/ReportMain/GenerateNewestReport/46199/pdf
- Page: https://openairdocs.org/ntsb/ATL99FA078

## Probable cause (aircraft 2)

The pilot of the other aircraft's failure to maintain visual lookout. A factor was the other pilot's disregard for VFR Traffic pattern  procedures.

## Probable cause (aircraft 1)

The CFI's failure to maintain visual lookout. A factor was his disregard for VFR Traffic pattern procedures.

## Sequence of events

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

- Midair collision, approach - vfr pattern - final approach
  - visual lookout - not maintained, pilot in command(cfi) (cause)
  - vfr procedures - disregarded, pilot in command(cfi) (contributing factor)
- In flight collision with terrain/water, descent - uncontrolled
- Midair collision, approach - vfr pattern - final approach
  - visual lookout - not maintained, pilot of other aircraft (cause)
  - vfr procedures - disregarded, pilot of other aircraft (contributing factor)
- Hard landing, emergency descent/landing

## Analysis (aircraft 2)

According to witnesses, the 152 had been practicing full-stop landings and had remained in the pattern. The 172 had departed Kissimmee, Florida, for a touch and go landing at Gilbert airport. The witnesses stated that they heard the pilot of the 152, over the Unicom frequency, announcing his left downwind, base and final approach positions. Witnesses said the 172 was observed making a right downwind approach and an abbreviated base to final to runway 29 above the 152. A witness who was in his aircraft at the hold short line attempted to warn the 172 over the Unicom frequency of 122.7 several times; however, there was no reply. The 172 impacted the top of the 152 about 30 feet above the ground, forcing the 152 into the ground. The 172 pitched up, rolled right and nosed into the ground coming to rest on its back. The 152 landed hard on its main gear, and slid to a stop.

## Analysis (aircraft 1)

The 152 had been practicing full-stop landings and had remained in the pattern. A 172 had departed Kissimmee, Florida, for a touch and go landing at Gilbert Airport. The witnesses stated that they heard the pilot of the 152, over the Unicom frequency, announcing his left downwind, base and final approach positions. Witnesses said the 172 was observed making a right downwind approach and an abbreviated base to final to runway 29 above the 152. A witness who was in his aircraft at the hold short line attempted to warn the 172 over the Unicom frequency of 122.7 several times; however, there was no reply. The 172 impacted the top of the 152 about 30 feet above the ground, forcing the 152 into the ground. The 172 pitched up, rolled right and nosed into the ground coming to rest on its back. The 152 landed hard on its main gear, and slid to a stop. Title 14 CFR Part 91.113(g)Landing, states in part; 'Aircraft, while on final approach to land or while landing, have the right-of-way over other aircraft in flight or operating on the surface'.

## Factual narrative (aircraft 2)

Same as narrative ATL99FA078A.

## Factual narrative (aircraft 1)

HISTORY OF FLIGHT

On April 29, 1999, at 1755 eastern daylight time, a Cessna 172N, N739FX, and a Cessna 152, N48870, collided in flight while on approach to runway 29, at the Gilbert Airport, in Winter Haven, Florida. The 172, was operated by the Aero L'Aquilla Flight School, under the provisions of Title 14 CFR Part 91, and visual flight rules. The 152 was operated by the Britannia Flight Center, under the provisions of Title 14 CFR Part 91, and visual flight rules. Visual meteorological conditions prevailed, and no flight plan was filed for the local flights. The certified flight instructor (CFI) and passenger of the 172, sustained serious injuries, and the student pilot of the 152 sustained minor injuries. Both aircraft sustained substantial damage. According to witnesses, the 152 had been practicing full-stop landings and had remained in the pattern. The 172 had departed Kissimmee, Florida, at 1740 the same day for a touch and go landing at Gilbert Airport.

The witnesses stated that they heard the pilot of the 152, over the Unicom frequency, announcing his left downwind, base and final approach positions. Witnesses said the 172 was observed making a right downwind approach and an abbreviated base to final to runway 29 above the 152. A witness who was in his aircraft at the hold short line, attempted to warn the 172 several times over the Unicom frequency of 122.7; however, there was no reply. The 172 impacted the top of the 152 about 30 feet above the ground, forcing the 152 into the ground. The 172 pitched up, rolled right and nosed into the ground, coming to rest on its back. The 152 landed hard on its main gear, and slid to a stop.

PERSONNEL INFORMATION

The pilot of N739FX, was a Certified Flight Instructor for single engine airplanes. He also was certificated as a commercial pilot with single engine land, multi-engine land, and instrument airplanes. The pilot's most recent first class medical was issued on October 15, 1997. The pilot's most recent flight review was when he took his CFI check ride in January 1999.

The pilot of N48870, was a student pilot on his first solo flight.

AIRCRAFT INFORMATION

The Cessna 172N, N739FX, was a four (4) seat, single engine airplane, and was registered to Aero L'Aquilla, Inc. On April 23, 1999, the aircraft received a 100 hour inspection, and had flown 19.4, hours since that inspection.

The Cessna 152, N48870, was a two (2) seat, single engine airplane, and was registered to Britannia Flight Center. On April 18, 1999, the aircraft received a 100 hour inspection, and had flown 42, hours since that inspection..

METEOROLOGICAL INFORMATION

Visual meteorological conditions prevailed at the time of the accident.  The 1745 surface  observation at St. Petersburg, Florida reported clear skies, with 10 miles visibility, with temperature/dew point of 80 and 60 degrees respectively.  The altimeter setting was 30.12 inches. The prevailing winds were 110 degrees at 10 knots.

WRECKAGE AND IMPACT INFORMATION

The initial in-flight collision occurred at about 30 feet above the ground and 316 feet short of the runway. The Cessna 172, was found inverted. The engine compartment and cowling remained attached to the firewall, but was forced aft during the impact. The nose gear was bent aft, and the left main gear was found separated. The propeller remained attached to the engine and both blades were found curled beginning mid-length outboard to the tips. The empennage was partially separated from the cabin area just aft of the rear seats. The flaps were found fully extended, and the cockpit instruments were partially destroyed. Cockpit flight controls were found with the mixture full forward, throttle full forward, carburetor heat on, and the master switch on. Power was applied to the digital communication one radio, which indicated a frequency setting of 122.7, or the local Unicom frequency.

The Cessna 152, after the collision, landed in the grass 56 feet to the north side of runway 29. It continued to roll parallel to runway 29 and came to rest on runway 29, 432 feet from the start of runway 29 facing south. The flaps were found extended to 30 degrees. Damage was found on the windshield and the glare shield similar to that made by a propeller. Scratches, dents, and deformation was noted on the engine cowling, nose gear, leading edge of the right wing, left inboard flap, the right inboard aileron, the right inboard flap and the forward empennage. Power was added to the communication one radio, which indicated a frequency setting of 122.7.

ADDITIONAL INFORMATION

Title 14 CFR Part 91.113(g)Landing, stated the following; "Aircraft, while on final approach to land or while landing, have the right-of-way over other aircraft in flight or operating on the surface, except that they shall not take advantage of this rule to force an aircraft off the runway surface which has already landed and is attempting to make way for an aircraft on final approach. When two or more aircraft are approaching an airport for the purpose of landing, the aircraft at the lower altitude has the right-of-way, but it shall not take advantage of this rule to cut in front of another which is on final approach to land or to overtake that aircraft".

The Cessna 172, N739FX, was released to the owner, Aero L'Aquila, Inc. 606 Dyer Blvd., Kissimmee, Florida, 34741.

The Cessna 152, N48870, was released to the owner, Britannia Flight Center, Inc. 3000 21st NW, Winter Haven, Florida, 33881.

## Aircraft 1

- Registration: [N739FX](https://openairdocs.org/deregistered/N739FX-2017-06-15), registration cancelled 2017-06-15, S/N 17270518, built 1978 (OpenAirDocs)
- Reported make and model: Cessna 172N
- Registry model: [Cessna 172N](https://openairdocs.org/model/cessna-172n) (registry code 2072434) (OpenAirDocs)
- Registry engine: [Lycoming 0-320 series](https://openairdocs.org/engine/lycoming-0-320-series) (registry code 41508, reciprocating) (OpenAirDocs)
- Category: Airplane
- Serial number: 172-70518
- Airframe hours: 2131
- Engines: Lycoming O-320H2AD 160 horsepower reciprocating
- Damage: Substantial damage
- Flight: Instructional, Part 91
- Registered owner: Aero L'Aquilla Inc
- Airworthiness certificate: Standard, Normal
- Last inspection: 100 hour, April 23, 1999, 19 hours before
- Departed: ISM, KISSIMMEE, FL
- Destination: GIF
- Airport: GIF, Gilbert, runway 29, 4,000 × 100 ft, asphalt

## Aircraft 2

- Registration: [N48870](https://openairdocs.org/deregistered/N48870-2013-09-16), registration cancelled 2013-09-16, S/N 15281015, built 1977 (OpenAirDocs)
- Reported make and model: Cessna 152
- Registry model: [Cessna 152](https://openairdocs.org/model/cessna-152) (registry code 2071835) (OpenAirDocs)
- Registry engine: [Lycoming 0-235 series](https://openairdocs.org/engine/lycoming-0-235-series) (registry code 41505, 4 cycle) (OpenAirDocs)
- Category: Airplane
- Serial number: 152-81015
- Airframe hours: 7826
- Engines: Lycoming C152 110 horsepower reciprocating
- Damage: Substantial damage
- Flight: Instructional, Part 91
- Registered owner: Britannia Flight Center
- Airworthiness certificate: Standard, Utility; Standard, Normal
- Last inspection: 100 hour, April 18, 1999, 42 hours before
- Departed: GIF
- Airport: GIF, Gilbert, runway 29, 4,000 × 100 ft, asphalt

## Flight crew

As NTSB recorded them. NTSB leaves out names.

- Pilot, aircraft N739FX; age 38; commercial, flight instructor; airplane ratings: single-engine land, multi-engine land; instrument ratings: airplane; medical: class 3, valid medical--w/ waivers/lim; seat: right; flight hours: 440 total, 82 in this make and model, 345 as pilot in command, 110 in the last 90 days, 70 in the last 30 days, 3 in the last 24 hours
- Pilot, aircraft N48870; age 27; student; medical: class 3, valid medical--no waivers/lim.; seat: left; flight hours: 17 total, 1 in this make and model, 2 as pilot in command, 2 in the last 24 hours

## Weather

- Conditions: Visual (VMC), Day
- Wind: 110° at 3 knots
- Visibility: 10 statute miles
- Lowest ceiling: none
- Temperature: 81 °F, dew point 66 °F
- Altimeter: 30.00 inHg
- Observed at: PIE, 20 nm away

## 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 19990429004201A](https://openairdocs.org/incident/19990429004201A), Apr 29, 1999: Cessna 172N, Winter Haven, FL, Substantial damage. N48870 was on short final. N739FX was on top of N48870 on short final. N739FX hit N48870 and both aircraft crashed at Winter Haven, FL. (.19) on April 29,…
- [Accident 19990429004202A](https://openairdocs.org/incident/19990429004202A), Apr 29, 1999: Cessna 152, Winter Haven, FL, Substantial damage. N48870 was on short final. N739FX was on top of N48870 on short final. N739FX hit N48870 and both aircraft crashed at Winter Haven, FL. (.19) reference N739FX…

## Other investigations on N739FX (1)

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.

- [NTSB ATL80DLA12](https://openairdocs.org/ntsb/ATL80DLA12), Aug 30, 1980: Cessna 172 (N739FX), Jekyll Island, GA, substantial damage

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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