CEN10LA099

NTSB accident investigation · Buckeye DM · Sublette, KS · January 17, 2010

Accident · FatalLimited investigationFinal report
Date
January 17, 2010, 17:45 local (23:45 UTC)
Place
Sublette, KS
Injuries
2 fatal, 2 uninjured
Phase of flight
Maneuvering
Aircraft
N582DWBuckeye DMN846DWBuckeye DM
Defining events
Maneuvering-low-alt flying: Midair collisionManeuvering-low-alt flying: Midair collision
Weather
Visual (VMC) · Day
Status
Completed · report December 19, 2011
Report
Approved by Office Director
NTSB office
Central Region
Parties
FAA Wichita FSDO, Aero Sports Connection, Inc.
Case key
75280

From the NTSB’s public API. By law, NTSB reports can’t be used as evidence in lawsuits over the accident.

On this page

Probable cause

The failure of both pilots to see and avoid the other aircraft, which resulted in a midair collision while maneuvering at low altitude.

The failure of both pilots to see and avoid the other aircraft, resulting in a midair collision while maneuvering at low altitude.

Findings · 8

NTSB’s coded findings. Those marked are part of the probable cause; the rest are factors or other findings. Under each, the cases with the same finding.

N582DW · Buckeye DM

Performance/control parametersAircraft › Aircraft oper/perf/capability · Incorrect use/operationBuckeye DM 582: 1 caseAll aircraft: 1,269 casesProbable cause
Action: incorrect action selectionPersonnel issues › Action/decision · PilotBuckeye DM 582: 1 caseAll aircraft: 397 casesProbable cause

N846DW · Buckeye DM

Performance/control parametersAircraft › Aircraft oper/perf/capability · Incorrect use/operationBuckeye DM 582: 1 caseAll aircraft: 1,269 casesProbable cause
Action: incorrect action selectionPersonnel issues › Action/decision · PilotBuckeye DM 582: 1 caseAll aircraft: 397 casesProbable cause

Sequence of events

The events NTSB coded, in order, by phase of flight. The defining event is the one that best describes the accident. Under each, the cases with the same event anywhere in their sequence.

N846DW · Buckeye DM

Analysis

Two noncertificated pilots were flying two powered parachutes at low altitude. The first aircraft was generally northbound in straight and level flight approximately 200 to 300 feet above ground level and the second aircraft was slightly above and in front of the first. The second aircraft made a turn to the right and was generally heading southwest when it began a slight descent and its canopy collided with the lower portion of first aircraft. The second aircraft then fell almost straight down, impacting mostly on the nose, and causing substantial damage to the main airframe structure. The in-flight impact caused the first aircraft to briefly swing backward, but the pilot regained control and was able to immediately land without damage or injuries.

Two noncertificated pilots were flying two powered parachutes at low altitude. The first aircraft was generally northbound in straight and level flight approximately 200 to 300 feet above ground level and the second aircraft was slightly above and in front of the first. The second aircraft made a turn to the right and was generally heading southwest when it began a slight descent and its canopy collided with the lower portion of first aircraft. The second aircraft then fell almost straight down, impacting mostly on the nose, and causing substantial damage to the main airframe structure. The in-flight impact caused the first aircraft to briefly swing backward, but the pilot regained control and was able to immediately land without damage or injuries.

Factual narrative

HISTORY OF FLIGHT On January 17, 2010, about 1745 central standard time, a Buckeye Aviation Inc, DM582 powered parachute, N582DW (aircraft A), collided with another Buckeye Aviation Inc, DM582 powered parachute, N846DW (aircraft B), near Sublette, Kansas. The parachute canopy collapsed on aircraft A and the aircraft was substantially damaged when it impacted terrain. The pilot and passenger were fatally injured. Aircraft B was not damaged and the pilot and passenger were not injured. Visual meteorological conditions prevailed at the time of the accident. Both flights were being conducted under the provisions of 14 Code of Federal Regulations (CFR) Part 91 without flight plans. Both aircraft were on personal flights that had originated from a nearby off-airport location about 1730. The pilot of aircraft A and other witnesses stated that aircraft B was generally northbound in straight and level flight, approximately 200 to 300 feet above ground level. Aircraft A was slightly above and in front of aircraft B when aircraft A made a turn to the right. Aircraft A continued the turn and was southwest bound when it began a slight descent toward aircraft B. The parachute canopy of aircraft A collided with the lower portion of aircraft B. Witnesses said aircraft A fell almost straight down. Following the impact, aircraft B “jerked” and briefly swung backward; however, the pilot was able to regain control and perform a landing in the area close to the wreckage of aircraft A. PERSONNEL INFORMATION Aircraft A Pilot The Aircraft A pilot, age 24, did not hold a Federal Aviation Administration (FAA) pilot certificate, and did not hold a FAA medical certificate. According to an FAA interview with family sources, the pilot did not maintain a pilot logbook or other written record of his flight experience. His flight experience was estimated at a total of 30 hours, with all of that experience in a Buckeye Aviation Inc, model DM582 powered parachute. No record could be found that he had ever completed a flight review, or that he had ever received flight instruction in any type of aircraft. Aircraft B Pilot The Aircraft B pilot, age 23, did not hold an FAA pilot certificate, and did not hold an FAA medical certificate. According to an FAA interview with the pilot, he estimated he had a total of 100 hours of flight experience, with all of that experience in a Buckeye Aviation Inc, model DM582 powered parachute. He estimated that the total included about 10 hours of flight instruction. He did not maintain a pilot logbook or other written record of pilot experience and no record could be found that he had ever completed a flight review. AIRCRAFT INFORMATION Aircraft A Aircraft A (serial number 3729), was manufactured in 1997. The FAA issued an experimental light sport airworthiness certificate on June, 28, 2006, and the powered parachute was registered to the pilot on November 5, 2009. A review of the maintenance records indicated that it was maintained under an annualcondition inspection program. The most recent condition inspection had been completed on June 9, 2006, at an aircraft total time of 67.3 hours. Aircraft B Aircraft B (serial number 4457), was manufactured in 1999. The FAA issued an experimental light sport airworthiness certificate on June, 16, 2006, and the powered parachute was registered to the pilot on October 1, 2008. A review of the maintenance records indicated that it was maintained under an annual condition inspection program. The most recent condition inspection had been completed on June 9, 2006, at an aircraft total time of 92.2 hours. METEOROLOGICAL INFORMATION At 1754, the automated weather observing system at Garden City, Kansas (GCK), located about 19 miles northeast of the accident site, reported winds from 050 degrees at 6 knots, visibility of 10 miles, few clouds at 9,000 feet, temperature 55 degrees Fahrenheit, dew point 21 degrees Fahrenheit, with an altimeter setting of 29.83 inches of mercury. National Oceanic and Atmospheric Administration records for Sublette, Kansas, show the sun was 0.69 degrees above the horizon at an azimuth of 243 degrees true at 1745. The apparent sunset occurred at 1751. WRECKAGE AND IMPACT INFORMATION Aircraft A The wreckage of the powered parachute came to rest upright on the undamaged rear main landing gear. There were ground scars and corresponding evidence of impact damage in the area around the nose wheel and rudder pedal area. The nose wheel was fragmented and separated, but the nose tire remained attached to the axle and forward frame area. Compression damage was evident to the lower and forward upper tubular frame structure and several portions of the tubing which were bent, were fractured and partially separated. The pusher engine, attached propeller, and propeller shroud were still attached to the forward engine mount which was bent down and forward about 40 to 50 degrees. The rear seat, mounted in tandem directly behind the front seat, was bent down and forward onto the front seat. The forward part of the engine mounts partially intruded onto the vertical backrest of the rear seat. The front seat showed impact damage and was bent down and forward onto the bottom tubular frame structure. All three blades of the propeller showed evidence of impact damage. Two of the propeller blades were partially separated approximately midway from the tips. The parachute canopy and parachute risers remained attached to the top of the aircraft frame, but were collapsed onto the right side of the wreckage. Several cells of the parachute canopy were damaged. The fuel tank was not ruptured and there was no postimpact fuel spill. Aircraft B Aircraft B was not damaged. MEDICAL AND PATHOLOGICAL INFORMATION An autopsy was performed on the pilot of the aircraft A, by Cimarron Pathology, P.A.; Liberal, Kansas, on January 18, 2010. The autopsy concluded that the cause of death was due to severe closed head trauma and severe pulmonary contusions. Forensictoxicology was performed on specimens from the pilot of aircraft A by the FAA Civil Aerospace Medical Institute, Oklahoma City, Oklahoma. The toxicology report stated: NO CARBON MONOXIDE detected in Blood; NO CYANIDE detected in Blood; NO ETHANOL detected in Vitreous, Blood, Brain, Kidney, Liver, Urine, or Muscle. ISOPROPANOL detected in Vitreous; NO METHANOL detected in Blood. METHANOL detected in Vitreous, Urine, Brain, Kidney, Liver, and Muscle. ACETAMINOPHEN detected in Urine. Isopropanol is an alcohol. It is also produced postmortem, along with methanol and other alcohols. ADDITIONAL INFORMATION According to 14 CFR 61.3 (a) (1) , “No person may serve as a required pilot flight crewmember of a civil aircraft … unless that person … has a pilot certificate…”. In addition, 14 CFR 61.23 (b) states, ”… a person must hold and possess either a medical certificate … or a U.S. driver's license when exercising the privileges of … a sport pilot certificate in a light-sport aircraft…” In addition: 14 CFR 1.1 says “Civil aircraft means any aircraft other than a public aircraft”

HISTORY OF FLIGHT On January 17, 2010, about 1745 central standard time, a Buckeye Aviation Inc, DM582 powered parachute, N582DW (aircraft A), collided with another Buckeye Aviation Inc, DM582 powered parachute, N846DW (aircraft B), near Sublette, Kansas. The parachute canopy collapsed on aircraft A and the aircraft was substantially damaged when it impacted terrain. The pilot and passenger were fatally injured. Aircraft B was not damaged and the pilot and passenger were not injured. Visual meteorological conditions prevailed at the time of the accident. Both flights were being conducted under the provisions of 14 Code of Federal Regulations (CFR) Part 91 without flight plans. Both aircraft were on personal flights that had originated from a nearby off-airport location about 1730. The pilot of aircraft A and other witnesses stated that aircraft B was generally northbound in straight and level flight, approximately 200 to 300 feet above ground level. Aircraft A was slightly above and in front of aircraft B when aircraft A made a turn to the right. Aircraft A continued the turn and was southwest bound when it began a slight descent toward aircraft B. The parachute canopy of aircraft A collided with the lower portion of aircraft B. Witnesses said aircraft A fell almost straight down. Following the impact, aircraft B “jerked” and briefly swung backward; however, the pilot was able to regain control and perform a landing in the area close to the wreckage of aircraft A. PERSONNEL INFORMATION Aircraft A Pilot The Aircraft A pilot, age 24, did not hold a Federal Aviation Administration (FAA) pilot certificate, and did not hold a FAA medical certificate. According to an FAA interview with family sources, the pilot did not maintain a pilot logbook or other written record of his flight experience. His flight experience was estimated at a total of 30 hours, with all of that experience in a Buckeye Aviation Inc, model DM582 powered parachute. No record could be found that he had ever completed a flight review, or that he had ever received flight instruction in any type of aircraft. Aircraft B Pilot The Aircraft B pilot, age 23, did not hold an FAA pilot certificate, and did not hold an FAA medical certificate. According to an FAA interview with the pilot, he estimated he had a total of 100 hours of flight experience, with all of that experience in a Buckeye Aviation Inc, model DM582 powered parachute. He estimated that the total included about 10 hours of flight instruction. He did not maintain a pilot logbook or other written record of pilot experience and no record could be found that he had ever completed a flight review. AIRCRAFT INFORMATION Aircraft A Aircraft A (serial number 3729), was manufactured in 1997. The FAA issued an experimental light sport airworthiness certificate on June, 28, 2006, and the powered parachute was registered to the pilot on November 5, 2009. A review of the maintenance records indicated that it was maintained under an annualcondition inspection program. The most recent condition inspection had been completed on June 9, 2006, at an aircraft total time of 67.3 hours. Aircraft B Aircraft B (serial number 4457), was manufactured in 1999. The FAA issued an experimental light sport airworthiness certificate on June, 16, 2006, and the powered parachute was registered to the pilot on October 1, 2008. A review of the maintenance records indicated that it was maintained under an annual condition inspection program. The most recent condition inspection had been completed on June 9, 2006, at an aircraft total time of 92.2 hours. METEOROLOGICAL INFORMATION At 1754, the automated weather observing system at Garden City, Kansas (GCK), located about 19 miles northeast of the accident site, reported winds from 050 degrees at 6 knots, visibility of 10 miles, few clouds at 9,000 feet, temperature 55 degrees Fahrenheit, dew point 21 degrees Fahrenheit, with an altimeter setting of 29.83 inches of mercury. National Oceanic and Atmospheric Administration records for Sublette, Kansas, show the sun was 0.69 degrees above the horizon at an azimuth of 243 degrees true at 1745. The apparent sunset occurred at 1751. WRECKAGE AND IMPACT INFORMATION Aircraft A The wreckage of the powered parachute came to rest upright on the undamaged rear main landing gear. There were ground scars and corresponding evidence of impact damage in the area around the nose wheel and rudder pedal area. The nose wheel was fragmented and separated, but the nose tire remained attached to the axle and forward frame area. Compression damage was evident to the lower and forward upper tubular frame structure and several portions of the tubing which were bent, were fractured and partially separated. The pusher engine, attached propeller, and propeller shroud were still attached to the forward engine mount which was bent down and forward about 40 to 50 degrees. The rear seat, mounted in tandem directly behind the front seat, was bent down and forward onto the front seat. The forward part of the engine mounts partially intruded onto the vertical backrest of the rear seat. The front seat showed impact damage and was bent down and forward onto the bottom tubular frame structure. All three blades of the propeller showed evidence of impact damage. Two of the propeller blades were partially separated approximately midway from the tips. The parachute canopy and parachute risers remained attached to the top of the aircraft frame, but were collapsed onto the right side of the wreckage. Several cells of the parachute canopy were damaged. The fuel tank was not ruptured and there was no postimpact fuel spill. Aircraft B Aircraft B was not damaged. MEDICAL AND PATHOLOGICAL INFORMATION An autopsy was performed on the pilot of the aircraft A, by Cimarron Pathology, P.A.; Liberal, Kansas, on January 18, 2010. The autopsy concluded that the cause of death was due to severe closed head trauma and severe pulmonary contusions. Forensictoxicology was performed on specimens from the pilot of aircraft A by the FAA Civil Aerospace Medical Institute, Oklahoma City, Oklahoma. The toxicology report stated: NO CARBON MONOXIDE detected in Blood; NO CYANIDE detected in Blood; NO ETHANOL detected in Vitreous, Blood, Brain, Kidney, Liver, Urine, or Muscle. ISOPROPANOL detected in Vitreous; NO METHANOL detected in Blood. METHANOL detected in Vitreous, Urine, Brain, Kidney, Liver, and Muscle. ACETAMINOPHEN detected in Urine. Isopropanol is an alcohol. It is also produced postmortem, along with methanol and other alcohols. ADDITIONAL INFORMATION According to 14 CFR 61.3 (a) (1), “No person may serve as a required pilot flight crewmember of a civil aircraft … unless that person … has a pilot certificate…”. In addition, 14 CFR 61.23 (b) states, ”… a person must hold and possess either a medical certificate … or a U.S. driver's license when exercising the privileges of … a sport pilot certificate in a light-sport aircraft…” In addition: 14 CFR 1.1 says “Civil aircraft means any aircraft other than a public aircraft”

Aircraft · 2

Registration
N582DW
Reported as
Buckeye DM (582)
Category
Powered parachute
Serial number
3729
Airframe hours
67
Engine
Rotax 582 UL, 65 horsepower, reciprocating
Damage
Substantial damage
Flight
Personal · Part 91
Airworthiness certificate
Special, Experimental light sport (Special)
Last inspection
Condition · June 9, 2006
Departed
Sublette, KS
Destination
Sublette, KS

Matched to the registry by N-number and the event date; the registry’s history has gaps, so older matches can be wrong. Compare the reported make and model.

Registration
N846DW
Reported as
Buckeye DM (582)
Category
Powered parachute
Serial number
4457
Airframe hours
92
Engine
Rotax 582 DL, 65 horsepower, reciprocating
Damage
No damage
Flight
Personal · Part 91
Airworthiness certificate
Special, Experimental light sport (Special)
Last inspection
Condition · June 9, 2006
Departed
Sublette, KS
Destination
Sublette, KS

Matched to the registry by N-number and the event date; the registry’s history has gaps, so older matches can be wrong. Compare the reported make and model.

Flight crew · 2

As NTSB recorded them. NTSB leaves out names.

Role
Pilot, aircraft N582DW
Age
24
Injuries
Fatal
Seat
Front
Toxicology
Performed
Flight hours
30 total · 30 in this make and model · 10 in the last 90 days
Role
Pilot, aircraft N846DW
Age
23
Injuries
None
Seat
Front
Flight hours
100 total · 100 in this make and model · 20 in the last 90 days

Weather

Conditions
Visual (VMC) · Day
Wind
50° at 6 knots
Visibility
10 statute miles
Lowest ceiling
None
Temperature
55 °F, dew point 21 °F
Altimeter
29.82 inHg
Observed at
GCK, 19 nm away

Docket · 14

The files NTSB released with the investigation on November 10, 2011, on NTSB’s docket system: statements, records, photos and specialists’ reports. 7.0 MB in all.

FAA reports on this event · 2

The FAA’s own accident and incident reports, matched to the aircraft by N-number and date.