ERA09LA067

NTSB accident investigation · Beech V35 · Winter Haven, FL · November 23, 2008

Accident · No injuriesLimited investigationFinal report
Date
November 23, 2008, 08:30 local (13:30 UTC)
Place
Winter Haven, FL
Injuries
4 uninjured
Phase of flight
Approach
Aircraft
N4396WBeech V35N121DLPiper PA-28-161
Defining events
Approach: Midair collisionInitial climb: Midair collision
Weather
Visual (VMC) · Day
Status
Completed · report May 11, 2010
Report
Approved by Office Director
NTSB office
Eastern Region Aviation
Parties
FAA/FSDO
Case key
69488

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

Both pilots’ failure to see and avoid the other airplane. Contributing to the accident was the Beech pilot’s failure to monitor or utilize the common traffic advisory frequency.

Findings · 6

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.

N4396W · Beech V35

Attention/monitoring: monitoring other personPersonnel issues › Psychological · Pilot of other aircraftBeech V35B: 1 caseAll aircraft: 200 casesProbable cause

N121DL · Piper PA-28-161

Attention/monitoring: monitoring other aircraftPersonnel issues › Psychological · Pilot of other aircraftPiper PA-28-161: 8 casesAll aircraft: 231 casesProbable cause
Attention/monitoring: monitoring communicationsPersonnel issues › Psychological · Pilot of other aircraftPiper PA-28-161: 1 caseAll aircraft: 8 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.

N4396W · Beech V35

N121DL · Piper PA-28-161

Analysis

A Piper PA-28-161 airplane had just departed the uncontrolled airport for a local flight, and was making position announcements over the common traffic advisory frequency. It climbed to the north as a Beech V35B airplane approached from the north. The pilot of the Beech airplane was tuned to the automated surface observation system, to prepare for the airport traffic pattern entry. The pilots observed each other as the airplanes approached nearly head on at the same altitude. Both pilots took evasive action and banked sharply to the left. The right wing tip of the Beech airplane contacted the underside of the Piper airplane, resulting in substantial damage to both airplanes. Both airplanes landed without further incident, and the pilots and passengers of both airplanes were not injured. Visual meteorological conditions prevailed at the time of the collision.

Factual narrative

HISTORY OF FLIGHT On November 23, 2008, at 0830 eastern standard time, a Beech V35B, N4396W, and a Piper PA-28-161, N121DL, collided in midair near the Winter Haven’s Gilbert Airport (GIF), Winter Haven, FL. The pilots and passengers of both airplanes were not injured. Visual meteorological conditions prevailed and no flight plan was filed for either flight. Both airplanes were operated by private individuals, under the provisions of Title 14 Code of Federal Regulations Part 91, as personal flights. Both airplanes sustained substantial damage. The pilot of the Beech airplane stated that he departed from the Leeward Air Ranch Airport (FD04), Ocala, Florida, and was en route to GIF. When the airplane was 7 miles north of GIF, at 2000 feet, the pilot reduced the airspeed to 160 mph to extend the landing gear and flaps. At that time, he was checking the automated surface observing systems (ASOS) frequency to prepare for the airport entry. Suddenly, another airplane appeared at the same altitude. The pilot of the Beech executed an evasive maneuver, turning quickly to the left: however, his airplane’s right wing tip made contact with the other airplane. After the impact, he was able to control the airplane and landed on runway 22 at GIF. The pilot of the Piper airplane stated he taxied to runway 4 and announced his departure toward the north over the common traffic advisory frequency (CTAF) for GIF. Once at 500 feet above the ground (agl), he made another announcement over the CTAF advising the airplane was leaving the traffic pattern toward the north. The pilot maneuvered the airplane from a heading of 040 to 360 degrees, climbing at a rate of 400 feet-per-minute. The pilot continued scanning for traffic at which time, he recognized a V-tail of a Bonanza at his "one o’clock position," closing in quickly at an altitude of approximately 1,300 feet agl. He immediately placed his airplane in a left bank, but both airplanes struck each other. He then broadcast over the GIF CTAF, declaring an emergency. He was able to successfully return to GIF and land on runway 4. PERSONEL INFORMATION The Beech pilot, age 65, held a commercial pilot certificate, with ratings for airplane single-engine land, multiengine land, single-engine sea, and instrument airplane. His most recent third-class medical certificate was issued on August 6, 2008. At the time of the accident, the pilot reported a total flight experience of 7,869 hours, including 1,856 hours as pilot in command in the accident airplane make and model. The Piper pilot, age 28, held a private pilot certificate, with a rating for airplane single-engine land. His most recent second-class medical certificate was issued on March 17, 2008. At the time of the accident, the pilot reported a total flight experience of 50 hours, including 17 hours as pilot in command in the accident airplane make and model. METEROLOGICAL INFORMATION At 0853, an aviation routine weather report (METAR) at GIF was reporting: wind 010 at 6knots; visibility 10 statute miles; sky condition clear; temperature, 12 degrees C; dew point, 9 degrees C; altimeter, 30.43 in Hg. WRECKAGE AND IMPACT INFORMATION Examination of the Beech airplane revealed that the outer two feet of the right wing had been sheared off. The remaining right and center wing sections had buckled. Examination of the Piper airplane revealed that the right rear fuselage was punctured in three places aft of the baggage door. The right leading edge of the stabilator sustained impact damage. There was scraping along the bottom of the cowl and fuselage, and a small piece of the Beech airplane’s wing tip was found on the bottom of the fuselage. ADDITIONAL INFORMATION Chapter 1, "Collision Avoidance," of the Federal Aviation Administration (FAA) Airplane Flying Handbook (FAA-H-8083-3A) provided the following guidance to pilots: "All pilots must be alert to the potential for midair collision and near midair collisions. The general operating and flight rules in Title 14 CFR Part 91 set forth the concept of "See and Avoid." This concept requires that vigilance shall be maintained at all times, by each person operating an aircraft regardless of whether the operation is conducted under instrument flight rules (IFR) or visual flight rules (VFR). Pilots should also keep in mind their responsibility for continuously maintaining a vigilant lookout regardless of the type of aircraft being flown and the purpose of the flight." Federal Regulations concerning right-of-way rules for aircraft in-flight (14 CFR 91.113) states: “When weather conditions permit, regardless of whether an operation is conducted under instrument flight rules or visual flight rules, vigilance shall be maintained by each person operating an aircraft so as to see and avoid other aircraft.” In the case of aircraft approaching head on or nearly so, the “pilot of each aircraft shall alter course to the right.”

Aircraft · 2

Registration
N4396W
Reported as
Beech V35 (B)
Category
Airplane
Serial number
D-9592
Airframe hours
3,416
Engine
Continental IO520, 285 hp, reciprocating
Damage
Substantial damage
Flight
Personal · Part 91
Airworthiness certificate
Standard, Utility
Last inspection
Annual · January 1, 2008 · 117 hours before
Departed
FD04 · Ocala/Belleview, FL
Destination
GIF · Winter Haven, FL
Airport
GIF · Winter Haven's Gilbert

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
N121DL
Reported as
Piper PA-28-161
Category
Airplane
Serial number
28-8016115
Airframe hours
6,600
Engine
Lycoming O-320 SERIES, 180 horsepower, reciprocating
Damage
Substantial damage
Flight
Personal · Part 91
Airworthiness certificate
Standard, Utility
Last inspection
Annual · October 25, 2008
Departed
GIF · Winter Haven, FL
Destination
GIF · Winter Haven, FL
Airport
GIF · Winter Haven's Gilbert

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 N4396W
Age
65
Injuries
None
Certificate
Commercial
Airplane ratings
Single-engine sea, Single-engine land, Multi-engine land
Instrument ratings
Airplane
Medical
Class 3, Without waivers/limitations
Last flight review
November 22, 2008
Seat
Left
Flight hours
7,869 total · 1,856 in this make and model · 55 in the last 90 days · 14 in the last 30 days · 2 in the last 24 hours
Role
Pilot, aircraft N121DL
Age
28
Injuries
None
Certificate
Private
Airplane ratings
Single-engine land
Medical
Class 2, Without waivers/limitations
Last flight review
September 15, 2008
Seat
Left
Flight hours
50 total · 22 in this make and model · 25 in the last 90 days · 4 in the last 30 days

Weather

Conditions
Visual (VMC) · Day
Wind
110° at 6 knots
Visibility
10 statute miles
Lowest ceiling
None
Temperature
54 °F, dew point 48 °F
Altimeter
30.43 inHg
Observed at
GIF, 2 nm away

Docket · 11

The files NTSB released with the investigation on March 4, 2010, on NTSB’s docket system: statements, records, photos and specialists’ reports. 2.8 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.