# NTSB CHI04CA159: Bracken CB540, N5439N, Lapeer, MI, June 19, 2004

- Type: NTSB accident investigation
- Classification: Accident · Serious injuries · Data collection · Final report
- Date: June 19, 2004, 12:30 local (16:30 UTC)
- Place: Lapeer, MI
- Coordinates: 43.066387, -83.272224
- Nearby events: https://openairdocs.org/map.md?lat=43.0664&lon=-83.2722&mi=10
- Phase of flight: [Enroute](https://openairdocs.org/ntsb-phases/400) (OpenAirDocs' grouping)
- Highest injury: Serious injuries
- Injuries: 1 serious
- Status: Completed, report September 1, 2004
- Report: Approved by Office Director
- Parties: Federal Aviation Administration - Detroit FSDO
- NTSB case key (mKey): 59595
- NTSB case page: https://web.ntsb.gov/investigations/?ntsbnumber=CHI04CA159
- NTSB report (PDF, downloads): https://data.ntsb.gov/carol-repgen/api/Aviation/ReportMain/GenerateNewestReport/59595/pdf
- Page: https://openairdocs.org/ntsb/CHI04CA159

## Probable cause

The pilot's loss of control due to an undetermined flight control system malfunction.  Contributing factors to the accident were the wires and trees.

## Sequence of events

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

- Airframe/component/system failure/malfunction, cruise - normal
  - flight control system - malfunction (cause)
- Loss of control - in flight, approach - vfr pattern - final approach
  - aircraft control - not maintained, pilot in command (cause)
- In flight collision with object, descent - uncontrolled
  - object - wire,static (contributing factor)
  - object - tree(s) (contributing factor)
- In flight collision with terrain/water, descent - uncontrolled
  - terrain condition - ground

## Analysis

The airplane impacted wires and trees during final approach.  The pilot reported that the airplane had a "strong desire to turn left" during the accident flight.  The pilot stated he "lost control short of landing."  Flight control continuity could not be established due to the extent of damage incurred during the impact.  The forward portion of the fuselage, including the canard, elevators and flight control mixing-unit, was extensively damaged.  The source of the flight control malfunction could not be determined.

## Factual narrative

On June 19, 2004, at 1230 eastern daylight time, an amateur-built Bracken CB540 (Berkut 540 variant), N5439N, built and operated by a private pilot, was destroyed during an in-flight collision with wires, trees and terrain following a loss of control during final approach to runway 36 (3,605 feet by 50 feet, asphalt), at the Dupont-Lapeer Airport (D95), near Lapeer, Michigan.  Visual meteorological conditions prevailed at the time of the accident.  The personal flight was operating under the provisions of 14 CFR Part 91 without a flight plan.  The pilot was seriously injured.  The flight departed Detroit City Airport (DET) at an unconfirmed time.

The pilot reported that the airplane had a "strong desire to turn left" during the flight to D95.  The pilot stated he monitored the common traffic advisory frequency (CTAF) for D95 and he "lost control short of landing."

A Federal Aviation Administration (FAA) inspector performed an on-site examination of the airplane.  The inspector stated that the airplane impacted wires prior to colliding with trees and terrain.  The inspector reported that flight control continuity could not be established due to the extent of damage incurred during the impact.  The forward portion of the fuselage, including the canard, elevators and flight control mixing-unit, was extensively damaged.  The source of the flight control malfunction could not be determined.

## Aircraft

- Registration: [N5439N](https://openairdocs.org/deregistered/N5439N-2004-12-15), registration cancelled 2004-12-15, S/N 981101-39, built 1999 (OpenAirDocs)
- Reported make and model: Bracken CB540
- Registry model: [Bracken Charles O CB540](https://openairdocs.org/model/bracken-charles-o-cb540) (registry code 05606UT) (OpenAirDocs)
- Registry engine: [Lycoming IO-540 series](https://openairdocs.org/engine/lycoming-io-540-series) (registry code 41530, reciprocating) (OpenAirDocs)
- Category: Airplane, amateur-built
- Serial number: 981101-39
- Airframe hours: 460
- Engines: Lycoming IO-540-C4B5 315 horsepower reciprocating
- Damage: Destroyed
- Flight: Personal, Part 91
- Airworthiness certificate: Special, Experimental (Special)
- Last inspection: Annual, May 16, 2004, 5 hours before
- Departed: DET, Detroit, MI
- Destination: D95, Lapeer, MI
- Airport: D95, DuPont - Lapeer Airport, runway 36, 3,605 × 50 ft, asphalt

## Flight crew

As NTSB recorded them. NTSB leaves out names.

- Pilot; age 54; injuries: serious; private; airplane ratings: single-engine land; instrument ratings: airplane; medical: class 3, valid medical--w/ waivers/lim; last flight review May 2, 2003; seat: front; flight hours: 1,100 total, 460 in this make and model, 1,000 as pilot in command, 12 in the last 90 days, 5 in the last 30 days, 1 in the last 24 hours

## Weather

- Conditions: Visual (VMC), Dawn
- Wind: 330° at 13 knots
- Visibility: 10 statute miles
- Lowest ceiling: none
- Temperature: 63 °F, dew point 45 °F
- Altimeter: 30.20 inHg
- Observed at: FNT, 22 nm away

## FAA reports on this event (1)

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

- [Accident 20040619013349A](https://openairdocs.org/incident/20040619013349A), Jun 19, 2004: Amtr BERKUTCB540, Lapeer, MI, Destroyed. (-23) Pilot stated that he was experiencing roll problems (left wing heavy) and decided to land at Lapeer airport, D95 to investigate. While following a slower…

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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