# NTSB ERA20LA034: Cessna 172, N3958S, Toms River, NJ, November 13, 2019

- Type: NTSB accident investigation
- Classification: Accident · Minor injuries · Class 3 · Limited · Final report
- Date: November 13, 2019, 13:30 local (18:30 UTC)
- Place: Toms River, NJ
- Coordinates: 39.920833, -74.296112
- Nearby events: https://openairdocs.org/map.md?lat=39.9208&lon=-74.2961&mi=10
- Phase of flight: [Landing](https://openairdocs.org/ntsb-phases/550) (OpenAirDocs' grouping)
- Defining events: [Landing: Midair collision](https://openairdocs.org/ntsb-events/250); [Landing: Midair collision](https://openairdocs.org/ntsb-events/250)
- Highest injury: Minor injuries
- Injuries: 2 minor, 1 uninjured
- Status: Completed
- Report: Approved by Office Director
- Investigation class: Class 3
- NTSB office: Eastern Region Aviation
- Parties: FAA FSDO
- NTSB case key (mKey): 100561
- NTSB case page: https://web.ntsb.gov/investigations/?ntsbnumber=ERA20LA034
- NTSB report (PDF, downloads): https://data.ntsb.gov/carol-repgen/api/Aviation/ReportMain/GenerateNewestReport/100561/pdf
- NTSB docket: https://data.ntsb.gov/Docket?ProjectID=100561
- Page: https://openairdocs.org/ntsb/ERA20LA034

## Probable cause (aircraft 1)

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

NTSB's coded findings; those marked are part of the probable cause.

- [Attention/monitoring: monitoring other aircraft](https://openairdocs.org/ntsb-findings/02021540): Personnel issues › Psychological · Not specified, aircraft 1; cases with it: [Cessna 172E, 1 case](https://openairdocs.org/ntsb-findings/02021540/cases.md?model=2072412), [All aircraft, 231 cases](https://openairdocs.org/ntsb-findings/02021540/cases.md)
- [Performance/control parameters: descent/approach/glide path](https://openairdocs.org/ntsb-findings/01062040): Aircraft › Aircraft oper/perf/capability · Not specified, aircraft 1; cases with it: [Cessna 172E, 2 cases](https://openairdocs.org/ntsb-findings/01062040/cases.md?model=2072412), [All aircraft, 809 cases](https://openairdocs.org/ntsb-findings/01062040/cases.md)
- [Use of equip/info: use of equip/system](https://openairdocs.org/ntsb-findings/02063015): Personnel issues › Task performance · Pilot, aircraft 2; cases with it: [Cessna 172N, 10 cases](https://openairdocs.org/ntsb-findings/02063015/cases.md?model=2072434), [All aircraft, 1,391 cases](https://openairdocs.org/ntsb-findings/02063015/cases.md)
- [Attention/monitoring: monitoring other aircraft](https://openairdocs.org/ntsb-findings/02021540): Personnel issues › Psychological · Pilot, aircraft 2; cases with it: [Cessna 172N, 9 cases](https://openairdocs.org/ntsb-findings/02021540/cases.md?model=2072434), [All aircraft, 231 cases](https://openairdocs.org/ntsb-findings/02021540/cases.md)
- [Performance/control parameters: descent/approach/glide path](https://openairdocs.org/ntsb-findings/01062040): Aircraft › Aircraft oper/perf/capability · Not specified, aircraft 2; cases with it: [Cessna 172N, 16 cases](https://openairdocs.org/ntsb-findings/01062040/cases.md?model=2072434), [All aircraft, 809 cases](https://openairdocs.org/ntsb-findings/01062040/cases.md)

## Sequence of events

The events NTSB coded, in order, by phase of flight. The defining event best describes what happened.

- [Landing: Midair collision](https://openairdocs.org/ntsb-events/250) (defining event), aircraft 1; cases with it: [Cessna 172E, 1 case](https://openairdocs.org/ntsb-events/250/sequence.md?model=2072412), [All aircraft, 196 cases](https://openairdocs.org/ntsb-events/250/sequence.md)
- [Landing: Midair collision](https://openairdocs.org/ntsb-events/250) (defining event), aircraft 2; cases with it: [Cessna 172N, 6 cases](https://openairdocs.org/ntsb-events/250/sequence.md?model=2072434), [All aircraft, 196 cases](https://openairdocs.org/ntsb-events/250/sequence.md)

## Analysis (aircraft 1)

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 (aircraft 1)

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 1

- Registration: [N3958S](https://openairdocs.org/deregistered/N3958S-2023-02-28), registration cancelled 2023-02-28, S/N 17251158, built 1964 (OpenAirDocs)
- Reported make and model: Cessna 172 (E)
- Registry model: [Cessna 172E](https://openairdocs.org/model/cessna-172e) (registry code 2072412) (OpenAirDocs)
- Registry engine: [Continental 0-300 series](https://openairdocs.org/engine/continental-0-300-series) (registry code 17022, reciprocating) (OpenAirDocs)
- Category: Airplane
- Serial number: 17251158
- Year built: 1964
- Engines: 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

## Aircraft 2

- Registration: [N2148E](https://openairdocs.org/deregistered/N2148E-2024-07-20), registration cancelled 2024-07-20, S/N 17271169, built 1978 (OpenAirDocs)
- Reported make and model: Cessna 172 (N)
- Registry model: [Cessna 172N](https://openairdocs.org/model/cessna-172n) (registry code 2072434) (OpenAirDocs)
- Registry engine: [Lycoming 0-320 series](https://openairdocs.org/engine/lycoming-0-320-series) (registry code 41508, reciprocating) (OpenAirDocs)
- Category: Airplane
- Serial number: 17271169
- Year built: 1978
- Engines: 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

## Flight crew

As NTSB recorded them. NTSB leaves out names.

- Pilot, aircraft N3958S; age 24; injuries: minor; 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
- Student pilot, aircraft N3958S; injuries: minor; 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
- Pilot, aircraft N2148E; age 57; injuries: none; 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

## FAA reports on this event (2)

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

- [Accident 20191113018862A](https://openairdocs.org/incident/20191113018862A), Nov 13, 2019: Cessna 172E, Berkeley Townsh, NJ, Substantial damage. Cessna 172N, N2148E, s/n 17271169, and a Cessna 172E, N3958S, s/n 17251158 collided while attempting to land on runway 32 at ocean county airport (mjx),…
- [Incident 20191113019452I](https://openairdocs.org/incident/20191113019452I), Nov 13, 2019: Cessna 172N, Berkeley Townsh, NJ, Minor damage. Cessna 172N, N2148E, s/n 17271169, and a Cessna 172E, N3958S, s/n 17251158 collided while attempting to land on runway 32 at ocean county airport (mjx),…

## Docket (6 files)

The files NTSB released with the investigation on December 31, 2021, on NTSB's docket system: https://data.ntsb.gov/Docket?ProjectID=100561. 10.9 MB in all.

- N3958S - pilot/operator aircraft accident report, NTSB form 6120.1 (item 1, PDF, 11 pages, 4.1 MB): https://data.ntsb.gov/Docket/Document/docBLOB?ID=12213014&FileExtension=pdf&FileName=NTSB%206120_Bollhardt_Redacted-Rel.pdf
- N2148E - pilot/operator aircraft accident report, NTSB form 6120.1 (item 2, PDF, 13 pages, 4.8 MB): https://data.ntsb.gov/Docket/Document/docBLOB?ID=12212927&FileExtension=pdf&FileName=NTSB%206120_N2148E_Redacted-Rel.pdf
- N2148E - pilot's statement (item 3, PDF, 2 pages, 169 KB): https://data.ntsb.gov/Docket/Document/docBLOB?ID=12213024&FileExtension=pdf&FileName=MOR_%20N2148E%20_Hahn%20statement-Rel.pdf
- Student pilot statement (item 4, PDF, 1 page, 154 KB): https://data.ntsb.gov/Docket/Document/docBLOB?ID=12212685&FileExtension=pdf&FileName=Memorandum%20for%20Record-N3958S%20Student%20Pilot_statement_Redacted-Rel.pdf
- FAA inspector statement (item 5, PDF, 1 page, 153 KB): https://data.ntsb.gov/Docket/Document/docBLOB?ID=12212438&FileExtension=pdf&FileName=Memorandum%20for%20Record-FAA%20Insp_statement_Redacted-Rel.pdf
- Investigative photographs (item 6, PDF, 4 pages, 1.6 MB): https://data.ntsb.gov/Docket/Document/docBLOB?ID=12232366&FileExtension=pdf&FileName=Investigative%20Photographs%20-%20ERA20LA034AB-Rel.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.

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