# NTSB ERA09LA454: Pongracz John M Nieuport 1, N112PM, Brasstown, NC, August 10, 2009 - Type: NTSB accident investigation - Classification: Accident · Fatal · Limited investigation · Final report - Date: August 10, 2009, 10:30 local (14:30 UTC) - Place: Brasstown, NC - Coordinates: 35.044723, -83.949996 (estimated) - Nearby events: https://openairdocs.org/map.md?lat=35.0447&lon=-83.9500&mi=10 - Phase of flight: [Initial climb](https://openairdocs.org/ntsb-phases/350) (OpenAirDocs' grouping) - Defining event: [Initial climb: Aerodynamic stall/spin](https://openairdocs.org/ntsb-events/241) - Highest injury: Fatal - Injuries: 1 fatal - Status: Completed, report October 21, 2010 - Report: Approved by Office Director - NTSB office: Eastern Region Aviation - Parties: FAA / FSDO - NTSB case key (mKey): 74481 - NTSB case page: https://web.ntsb.gov/investigations/?ntsbnumber=ERA09LA454 - NTSB report (PDF, downloads): https://data.ntsb.gov/carol-repgen/api/Aviation/ReportMain/GenerateNewestReport/74481/pdf - NTSB docket: https://data.ntsb.gov/Docket?ProjectID=74481 - Page: https://openairdocs.org/ntsb/ERA09LA454 ## Probable cause The pilot’s failure to maintain adequate airspeed during climb after takeoff, resulting in an inadvertent stall. ## Findings NTSB's coded findings; those marked are part of the probable cause. - [Action: incorrect action performance](https://openairdocs.org/ntsb-findings/02041015): Personnel issues › Action/decision · Pilot (probable cause); cases with it: [Pongracz John M NIEUPORT 11, 1 case](https://openairdocs.org/ntsb-findings/02041015/cases.md?model=05612II), [All aircraft, 1,386 cases](https://openairdocs.org/ntsb-findings/02041015/cases.md) - [Performance/control parameters: airspeed](https://openairdocs.org/ntsb-findings/01062010): Aircraft › Aircraft oper/perf/capability · Not attained/maintained (probable cause); cases with it: [Pongracz John M NIEUPORT 11, 1 case](https://openairdocs.org/ntsb-findings/01062010/cases.md?model=05612II), [All aircraft, 1,681 cases](https://openairdocs.org/ntsb-findings/01062010/cases.md) ## Sequence of events The events NTSB coded, in order, by phase of flight. The defining event best describes what happened. - [Initial climb: Aerodynamic stall/spin](https://openairdocs.org/ntsb-events/241) (defining event); cases with it: [Pongracz John M NIEUPORT 11, 1 case](https://openairdocs.org/ntsb-events/241/sequence.md?model=05612II), [All aircraft, 1,529 cases](https://openairdocs.org/ntsb-events/241/sequence.md) - [Initial climb: Loss of control in flight](https://openairdocs.org/ntsb-events/240); cases with it: [Pongracz John M NIEUPORT 11, 1 case](https://openairdocs.org/ntsb-events/240/sequence.md?model=05612II), [All aircraft, 5,002 cases](https://openairdocs.org/ntsb-events/240/sequence.md) - [Uncontrolled descent: Collision with terr/obj (non-CFIT) ](https://openairdocs.org/ntsb-events/470); cases with it: [Pongracz John M NIEUPORT 11, 1 case](https://openairdocs.org/ntsb-events/470/sequence.md?model=05612II), [All aircraft, 10,189 cases](https://openairdocs.org/ntsb-events/470/sequence.md) - [Post-impact: Fire/smoke (post-impact)](https://openairdocs.org/ntsb-events/170); cases with it: [Pongracz John M NIEUPORT 11, 1 case](https://openairdocs.org/ntsb-events/170/sequence.md?model=05612II), [All aircraft, 354 cases](https://openairdocs.org/ntsb-events/170/sequence.md) ## Analysis The accident flight was the initial flight of the experimental, amateur-built airplane. Witnesses observed the airplane departing south toward rising terrain. The normal departure procedure for that private grass strip was to depart toward the north, where the terrain descended. The airplane was observed in a normal takeoff roll before becoming airborne and, about 300 feet above the ground, pitching up before coming straight down. The airplane impacted the ground nose first, coming to rest on its back side in a pasture adjacent to the right side of the grass strip. A postcrash fire ensued. The airplane’s engine was heard at full power until impact. The responding Federal Aviation Administration inspector established flight control continuity to all the flight controls. The engine exam did not reveal any discrepancy that would have prevented the engine from producing power. ## Factual narrative HISTORY OF FLIGHT On August 10, 2009, at 1030 eastern daylight time, an experimental, amateur built, Pongracz, Nieuport 11, impacted terrain shortly after takeoff from a private grass strip in Brasstown, North Carolina. The certificated commercial pilot was killed and the airplane incurred substantial damage. Visual meteorological conditions prevailed and no flight plan was filed. The airplane was operated by a private individual, under the provisions of 14 Code of Federal Regulations Part 91, as a personal flight. Witnesses stated to the responding Federal Aviation Administrator (FAA) inspector that it was the pilot/owner’s initial flight with the airplane. They observed the airplane departing toward the south into rising terrain. The witnesses advised that the normal departure procedure for that grass strip was to depart toward the north, where the terrain descended. The airplane was observed to make a normal takeoff roll. The airplane became airborne and when it was about 300 feet above the ground, it pitched up and then went straight down. The airplane impacted the ground nose first, coming to rest on its back side in a pasture adjacent to the right side of the grass strip. A fire ensued immediately after impact. The airplane’s engine was heard to be at full power until ground impact. PERSONNEL INFORMATION The pilot held a commercial pilot certificate, with ratings for airplane single engine land and multi-engine land with instrument airplane, and held a flight instructor certificate, with a rating for single engine land. The pilot’s last medical certificate was issued in July of 2008; a third-class. He reported a total of 500 flight hours at that time. AIRCRAFT INFORMATION The amateur built airplane was issued an experimental airworthiness certificate on October 29, 2008. The single seat, bi-wing, airplane was of tubular structural with fabric skin design . The airplane was powered by a Volkswagen, VW835CC , 60 horsepower rated engine. At the time of the accident the airplane had accumulated less than 1 hour of total flight time and was on its initial flight. METEOROLOGICAL INFORMATION The Andrews-Murphy Airport, Andrews, NC, located 11 miles northeast of the accident site, August 10, 2009, 1039 automatic surface weather observation was: wind calm, visibility 10 miles, sky clear, temperature 27 degrees Celsius ( C ), dew point temperature 21 degrees C and altimeter 30.25 inches of mercury. WRECAKGE AND IMPACT INFORMATION Both blades on the wood propeller separated at the base of the crankshaft attachment point. Both wings of the bi-wing structure were bent and distorted from the impact forces. The cockpit section was crushed inward and distorted. The engine and cockpit area incurred thermo damage from the fire. Several sections of the airplane’s fabric skin were burnt away. Most of the empennage structure remained intact. The responding FAA inspector established flight control continuity to all the flight controls. The engine exam did notreveal any discrepancies that would have prevented the engine from producing power. MEDICAL AND PATHOLOGICAL INFORMATION The North Carolina Baptist Hospitals, Inc, Wake Forest University School of Medicine, Department of Pathology, Winston-Salem, North Carolina, conducted a postmortem examination of the pilot. The cause of death of the pilot was blunt forces trauma along with thermal injuries. Postmortem toxicology tests were performed by the FAA Forensic Toxicology Laboratory, Oklahoma City, Oklahoma, on specimens obtained from the pilot. The tests were negative for carbon monoxide, cyanide, ethanol, and drugs. The tests were positive for acetaminophen. ## Aircraft - Registration: [N112PM](https://openairdocs.org/deregistered/N112PM-2013-11-01), registration cancelled 2013-11-01, S/N 012, built 2004 (OpenAirDocs) - Reported make and model: PONGRACZ JOHN M NIEUPORT 1 - Registry model: [Pongracz John M NIEUPORT 11](https://openairdocs.org/model/pongracz-john-m-nieuport-11) (registry code 05612II) (OpenAirDocs) - Registry engine: [Volkswagen CONVERSION](https://openairdocs.org/engine/volkswagen-conversion) (registry code 63501, reciprocating) (OpenAirDocs) - Category: Airplane, amateur-built - Serial number: 012 - Airframe hours: 1 - Engines: VOLKSWAGEN VW 835 CC 60 horsepower reciprocating - Damage: Substantial damage - Fire: On-Ground - Flight: Personal, Part 91 - Airworthiness certificate: Special, Experimental (Special) - Departed: Brasstown, NC - Destination: Brasstown, NC - Airport: Private Strip ## Flight crew As NTSB recorded them. NTSB leaves out names. - Pilot; age 63; injuries: fatal; commercial; airplane ratings: multi-engine land, single-engine land; instrument ratings: airplane; medical: class 3, with waivers/limitations; seat: front; toxicology performed; flight hours: 500 total, 1 in this make and model ## Weather - Conditions: Visual (VMC), Day - Wind: calm - Visibility: 10 statute miles - Lowest ceiling: none - Temperature: 81 °F, dew point 70 °F - Altimeter: 30.25 inHg - Observed at: RHP, 11 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 20090810048189A](https://openairdocs.org/incident/20090810048189A), Aug 10, 2009: Pongracz Jo NIEUPORT 11, Brasstown, NC, Destroyed, 1 fatal. Pilot elected to takeoff from a grass runway with knowledge of rising runway to the south with obstructions, mountain, trees, and powerlines. Witnesses noted… ## Docket (7 files) The files NTSB released with the investigation on July 28, 2010, on NTSB's docket system: https://data.ntsb.gov/Docket?ProjectID=74481. 600 KB in all. - Pilot/Operator Aircraft Accident Report, NTSB Form 6120.1 (item 1, .PDF, 9 KB): https://data.ntsb.gov/Docket/Document/docBLOB?ID=40331324&FileExtension=.PDF&FileName=Pilot%2FOperator%20Aircraft%20Accident%20Report,%20NTSB%20Form%206120.1-Master.PDF - Reports from Local Agencies: Brasstown Fire Department Incident Report. (item 2, .PDF, 83 KB): https://data.ntsb.gov/Docket/Document/docBLOB?ID=40331326&FileExtension=.PDF&FileName=Reports%20from%20Local%20Agencies%3A%20Brasstown%20Fire%20Department%20Incident%20Report.-Redacted.PDF - Reports from Local Agencies: Excerpts From Clay County Sheriff's Report. (item 3, .PDF, 104 KB): https://data.ntsb.gov/Docket/Document/docBLOB?ID=40331327&FileExtension=.PDF&FileName=Reports%20from%20Local%20Agencies%3A%20Excerpts%20From%20Clay%20County%20Sheriff%27s%20Report.-Redacted.PDF - Miscellaneous: NTSB Communication. (item 4, .PDF, 69 KB): https://data.ntsb.gov/Docket/Document/docBLOB?ID=40331328&FileExtension=.PDF&FileName=Miscellaneous%3A%20NTSB%20Communication.-Master.PDF - Toxicological Report (item 5, .PDF, 51 KB): https://data.ntsb.gov/Docket/Document/docBLOB?ID=40331329&FileExtension=.PDF&FileName=Toxicological%20Report-Redacted.PDF - Photo 1) View of the Wreckage. Photo Provided by Federal Aviation Administration. (item 6, .PDF, 83 KB): https://data.ntsb.gov/Docket/Document/docBLOB?ID=40331321&FileExtension=.PDF&FileName=Photo%201)%20View%20of%20the%20Wreckage.%20Photo%20Provided%20by%20Federal%20Aviation%20Administration.-Master.PDF - Photo 2) View of the Grass Strip Runway. Photo Provided by Federal Aviation Administration. (item 7, .PDF, 202 KB): https://data.ntsb.gov/Docket/Document/docBLOB?ID=40331322&FileExtension=.PDF&FileName=Photo%202)%20View%20of%20the%20Grass%20Strip%20Runway.%20Photo%20Provided%20by%20Federal%20Aviation%20Administration.-Master.PDF 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. --- OpenAirDocs.org is an independent research project of [Contrail Labs](https://contraillabs.com/). It is not affiliated with the FAA or the NTSB. Source documents are U.S. government works in the public domain.