ERA20LA034

NTSB accident investigation · Cessna 172 · Toms River, NJ · November 13, 2019

Accident · Minor injuriesClass 3 · LimitedFinal report
Date
November 13, 2019, 13:30 local (18:30 UTC)
Place
Toms River, NJ
Injuries
2 minor, 1 uninjured
Phase of flight
Landing
Aircraft
N3958SCessna 172N2148ECessna 172
Defining events
Landing: Midair collisionLanding: Midair collision
Weather
Visual (VMC) · Day
Status
Completed
Report
Approved by Office Director
Investigation class
Class 3
NTSB office
Eastern Region Aviation
Parties
FAA FSDO
Case key
100561

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

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Probable cause

The failure of the Cessna 172N pilot to see and avoid a second airplane while maneuvering in the traffic pattern, which resulted in a midair collision. Contributing to the accident was the failure of the Cessna 172N pilot to tune his radio to the correct traffic advisory frequency for the destination airport.

Findings · 5

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.

N3958S · Cessna 172

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.

N3958S · Cessna 172

N2148E · Cessna 172

Analysis

Two airplanes, a Cessna 172E and a Cessna 172N, collided in midair while in the traffic pattern over the approach end of the runway. The pilot of the Cessna 172E announced his position while on downwind, base, and final approach to landing. The pilot of the Cessna 172N approached the airport and announced his intention on the common traffic advisory frequency to practice a simulated engine-out maneuver followed by a descent to set up for left base leg of the traffic pattern for runway 32. While about 100 ft over the approach end of the runway, the airplanes collided, with the Cessna 172N striking the Cessna 172E from above. Both airplanes landed safely, but an examination revealed that both incurred substantial damage to their right wings. The radio in the Cessna 172N was found tuned to the wrong frequency. It is likely that the pilot of the Cessna 172N thought he switched the radio to the correct frequency and failed to maintain an adequate visual lookout, which resulted in a midair collision on short final. Because his radio was tuned to the wrong frequency, his transmissions were not heard by other pilots in the vicinity of the airport and he was not able to hear other traffic callouts.

Factual narrative

On November 13, 2019, about 1330 eastern daylight time, a Cessna 172E, N3958S, and a Cessna 172N, N2148E, were both substantially damaged when they were involved in an accident at Ocean County Airport (MJX), Toms River, New Jersey. The flight instructor and student pilot aboard the Cessna 172E sustained minor injuries and the pilot aboard the Cessna 172N was not injured. Both airplanes were operating under the provisions of Title 14 Code of Federal Regulations Part 91. The pilot of the Cessna 172N stated that, as he approached MJX, he announced on the common traffic advisory frequency (CTAF) that he was at an altitude of 3,500 ft about 12 miles west of the airport. He reported that his intention was to perform a simulated engine-out maneuver over the airport then “spiral down to set up for [the] left base” leg of the traffic pattern for runway 32. When he was about 5 miles away, he reported his location and repeated his intentions. When he arrived at the airport, he was about 1,200 ft, and “observed no activity at the field out of the ordinary” and that it was “quiet.” He performed a spiraling descent and set up for a left base traffic pattern entry to runway 32. At an altitude of about 20 ft above the ground, he set the flaps to 20° then “felt a thump and sudden roll to the right.” He subsequently landed in the grass beside the runway and saw another airplane taxiing on the runway. The flight instructor and student pilot aboard the Cessna 172E stated that they announced their position on the CTAF as they turned onto the downwind, base, and final legs of the traffic pattern for runway 32 at MJX. While on short final approach to the runway, about 100 ft above the ground, they noted “…something was going wrong with the aerodynamics of the airplane” and that “it was at this moment we saw a wheel crash into our windshield.” They landed the airplane and saw the other airplane landing in the grass to their right. They exited the runway and taxied to the ramp, parked the airplane, and inspected it for damage. A Federal Aviation Administration inspector examined both airplanes and noted that the Comm 1 radio in the Cessna 172N was tuned to 122.80 with a frequency of 122.70 in the standby position. According to the FAA Airport Directory, the CTAF for MJX was 122.7. The inspector also reported the Cessna 172N received substantial damage to the right wing while the Cessna 172E received substantial damage to the right wing and vertical stabilizer. Title 14 CFR 91.113 states that “when weather conditions permit, regardless of whether an operation is conducted under instrument flight rules [IFR] or visual flight rules [VFR], vigilance shall be maintained by each person operating an aircraft so as to see and avoid other aircraft. (g) Landing. 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 onfinal approach to land or to overtake that aircraft. In addition, the FAA Airplane Flying Handbook stated the following: “All pilots must be alert to the potential for midair collision and impending loss of separation. The general operating and flight rules in 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 IFR or VFR.…Most of these accidents/incidents occur within 5 miles of an airport and/or near navigation aids.” The pilots did not report any mechanical malfunctions or failures of the airplane that would have precluded normal operation prior to the accident.

Aircraft · 2

Registration
N3958S
Reported as
Cessna 172 (E)
Category
Airplane
Serial number
17251158
Built
1964
Engine
Continental O-300 SER, 145 horsepower, reciprocating
Damage
Substantial damage
Flight
Instructional · Part 91
Airworthiness certificate
Standard, Normal
Departed
MJX · Toms River, NJ
Destination
Same as departure
Airport
MJX · Ocean County, runway 32, 3,599 × 75 ft, asphalt

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
N2148E
Reported as
Cessna 172 (N)
Category
Airplane
Serial number
17271169
Built
1978
Engine
Lycoming O-320 SERIES, reciprocating
Damage
Substantial damage
Flight
Personal · Part 91
Airworthiness certificate
Standard, Normal
Departed
17N · Cross Keys Airport, NJ
Destination
MJX · Toms River, NJ
Flight plan
VFR
Airport
MJX · Ocean County, runway 32, 3,599 × 75 ft, asphalt

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 · 3

As NTSB recorded them. NTSB leaves out names.

Role
Pilot, aircraft N3958S
Age
24
Injuries
Minor
Certificates
Flight instructor, Commercial
Airplane ratings
Multi-engine land, Single-engine land
Instrument ratings
Airplane
Medical
Class 1, Without waivers/limitations
Last flight review
March 22, 2019
Seat
Right
Restraint
3-point
Flight hours
1,300 total · 20 in this make and model · 1,220 as pilot in command · 250 in the last 90 days · 90 in the last 30 days · 1 in the last 24 hours
Role
Student pilot, aircraft N3958S
Injuries
Minor
Certificate
Student
Medical
Class 3, Without waivers/limitations
Seat
Left
Restraint
3-point
Flight hours
60 total · 40 in this make and model · 5 in the last 90 days · 2 in the last 30 days · 1 in the last 24 hours
Role
Pilot, aircraft N2148E
Age
57
Injuries
None
Certificate
Airline transport
Airplane ratings
Single-engine land, Multi-engine land
Instrument ratings
Airplane
Medical
Class 1, With waivers/limitations
Seat
Left
Flight hours
3,935.7 total · 51.7 in this make and model · 6.4 in the last 90 days

Weather

Conditions
Visual (VMC) · Day
Wind
340° at 14 knots, gusting 19
Visibility
10 statute miles
Altimeter
30.36 inHg
Observed at
MJX

Docket · 6

The files NTSB released with the investigation on December 31, 2021, on NTSB’s docket system: statements, records, photos and specialists’ reports. 10.9 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.