# NTSB FTW04FA038: Piper PA-28-140, N98287, Livingston, TX, December 9, 2003

- Type: NTSB accident investigation
- Classification: Accident · Fatal · Field investigation · Final report
- Date: December 9, 2003, 17:56 local (23:56 UTC)
- Place: Livingston, TX
- Coordinates: 30.677778, -95.012779
- Nearby events: https://openairdocs.org/map.md?lat=30.6778&lon=-95.0128&mi=10
- Phase of flight: [Approach](https://openairdocs.org/ntsb-phases/500) (OpenAirDocs' grouping)
- Highest injury: Fatal
- Injuries: 1 fatal, 1 serious
- Status: Completed, report June 30, 2004
- Report: Approved by Office Director
- Parties: Federal Aviation Administration, The New Piper Aircraft, Inc., Lycoming
- NTSB case key (mKey): 58443
- NTSB case page: https://web.ntsb.gov/investigations/?ntsbnumber=FTW04FA038
- NTSB report (PDF, downloads): https://data.ntsb.gov/carol-repgen/api/Aviation/ReportMain/GenerateNewestReport/58443/pdf
- Page: https://openairdocs.org/ntsb/FTW04FA038

## Probable cause

The pilot's failure to compensate for the wind conditions and maintain control of the airplane during the final approach.  Contributing factors were the gusty and high wind conditions.

## Sequence of events

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

- Loss of control - in flight, approach - vfr pattern - final approach
  - light condition - dark night
  - weather condition - gusts (contributing factor)
  - compensation for wind conditions - not performed, pilot in command (cause)
  - weather condition - high wind (contributing factor)
  - aircraft control - not maintained, pilot in command (cause)
- In flight collision with object, descent - uncontrolled
  - object - tree(s)
  - object - wire,transmission

## Analysis

The airplane impacted trees, power lines, and terrain while on final approach at night in gusty and high wind conditions.  A witness stated the airplane was "extremely low, and [the airplanes] never fly that low."  The airplane traveled over his home, impacted a tree on his neighbor's property, and came to rest in the backyard of an adjacent property, approximately 2,600 feet short of runway 30.  Another witness heard the impact, which he initially thought the wind had caused a tree or something to hit power lines.  The 73-hour private pilot, who was reported to have accumulated a total of 15.2 hours in the accident airplane, was occupying the right seat.  The 21-hour student pilot was occupying the left seat.  A wind monitor located 1 mile from the accident site, recorded an average wind speed of 44 mph, a peak wind of 52 mph, and a wind direction of averaging 355 degrees.  Examination of the airframe and engine did not reveal any anomalies that would have precluded normal operation.

## Factual narrative

HISTORY OF FLIGHT

On December 9, 2003, at 1756 central standard time, a Piper PA-28-140 single-engine airplane, N98287, was destroyed when it impacted the terrain following a loss of control during final approach to the Livingston Municipal Airport (00R), near Livingston, Texas.  The private pilot sustained fatal injuries and the student pilot-rated passenger sustained serious injuries.  The airplane was owned and operated by the pilot and passenger.  Dark night visual meteorological conditions prevailed, and a flight plan was not filed for the 14 Code of Federal Regulations Part 91 personal flight.  The flight departed the Cleveland Municipal Airport, near Cleveland, Texas, approximately 1730, and was destined for the Livingston Municipal Airport.

According to a Federal Aviation Administration (FAA) Quality Assurance specialist, the radar data indicated the airplane departed Cleveland Municipal Airport, and the first radar return was recorded at 1738, at an altitude of 900 feet.  The specialist stated the airplane continued in a northerly direction toward Livingston, and no unusual deviations or altitude changes were noted.  The last radar return was recorded at 1746, at an altitude of 2,800 feet, approximately 10 nautical miles south of 00R.  There were no communications between air traffic control and the accident airplane.  The Cleveland Municipal Airport is approximately 20 nautical miles south of 00R.

A witness, who was located in his residence at the time of the accident, stated the airplane appeared to be on approach to the airport; however, the airplane was "extremely low, and [the airplanes] never fly that low."  The witness first observed the airplane flying toward his home over the tree line on his property, when "it seemed like the wind picked [the airplane] up over the house."  Subsequently, the airplane impacted a tree on his neighbor's property and came to rest in the backyard of an adjacent property.  The witness stated the airplane's landing light, navigation lights, and beacon light were illuminated.

Another witness, who was a resident of the property where the airplane came to rest, reported hearing a loud noise coming from the backyard.  The witness initially thought the wind had caused a tree or something to hit power lines, and a transformer went out.

Another witness stated he "heard a roar (like an engine) and then the sound of limbs crashing and then a loud crash.  There had been strong winds."

Several other people reported hearing a loud crashing noise followed by a loss of electrical power to their residences.

PERSONNEL INFORMATION

The private pilot, who was seated in the right seat, was issued his private pilot certificate on September 10, 2001.  The private pilot was issued a second class medical certificate on March 30, 2001, with no limitations or restrictions.  A review of the private pilot's logbook revealed that he accumulated approximately 73 total flight hours.  The pilot had logged 32.8 hours as pilot in command, 15.2 hours in the accident airplane, and 3 hours of night flying.  In the preceding 90 days, the pilot had logged 15.2 hours of flight time, and in the preceding 30 days, he had logged 4 hours of flight time.  The pilot's most recent logged night flight was conducted on August 26, 2001, in a Cessna 172 airplane.

The student pilot, who was seated in the left seat, was issued his student pilot and third class medical certificate on September 30, 2003.  The medical certificate had the following restriction, "Must wear corrective lenses."  A review of the student pilot's logbook revealed that he accumulated approximately 21 total flight hours, 1.5 flight hours as a solo pilot, and 0 flight hours at night.  All of the student pilot's flight hours were in the accident airplane.

AIRCRAFT INFORMATION

The 1969-model PA-28-140, serial number 28-26147, was a single-engine low wing, fixed landing gear, semi-monocoque design airplane.  The airplane was powered by a four cylinder, air cooled, horizontally opposed, normally aspirated Lycoming O-320-E2A engine, rated at 150 horsepower.  The airplane was configured to carry a maximum of four occupants.

The airplane was issued a standard airworthiness certificate on July 15, 1969, and was certificated for normal category operations.  The airplane's current registration was issued on December 6, 2003.  A review of the airframe logbooks revealed that the airframe underwent an annual inspection on April 9, 2003, at a total airframe time of 4,265.6 hours.  A review of the engine logbook revealed that the engine underwent an annual inspection on April 9, 2003, at a total engine time of 4,265.6 hours and 1,829 hours since major overhaul, and 387.5 since top overhaul.

METEOROLOGICAL INFORMATION

According to the Polk County Sheriff's Department, on the day of the accident, the Trinity River Authority personnel and the sheriff's department Captain had taken wind readings to monitor high wind and wave activity on a nearby lake.  The wind monitor was located at the Trinity River Authority Office, approximately 1 mile south of the accident site.  At 1750, the wind monitor indicated the following readings:  current wind of 42 mph, average wind (calculated every 15 minutes) of 44 mph, maximum wind of 52 mph, and a wind direction of approximately 355 degrees.

At 1753, the Huntsville Airport, Huntsville, Texas, automated surface observing system (ASOS), located approximately 40 miles west of the accident site, reported the wind was from 320 degrees at 15 knots, gusting to 22 knots, visibility of 10 statute miles, sky clear, temperature 55 degrees Fahrenheit, dew point 33 degrees Fahrenheit, and an altimeter setting of 29.88 inches of mercury.  A peak wind from 310 degrees at 28 knots was recorded at 1733.

At 1753, the George Bush Intercontinental Airport, Houston, Texas, ASOS, located approximately 45 miles south-southwest of the accident site, reported the wind was from 300 degrees at 19 knots, gusting to 27 knots, visibility of 10 statute miles, scattered clouds at 25,000 feet, temperature 64 degrees Fahrenheit, dew point 34 degrees Fahrenheit, and an altimeter setting of 29.83 inches of mercury.  A peak wind from 290 degrees at 27 knots was recorded at 1752.

At 1753, the Lufkin Angelina County Airport, Lufkin, Texas, ASOS, located approximately 35 miles north-northeast of the accident site, reported the wind was from 290 degrees at 20 knots, gusting to 30 knots, visibility of 10 statute miles, sky clear, temperature 55 degrees Fahrenheit, dew point 37 degrees Fahrenheit, and an altimeter setting of 29.81 inches of mercury.  A peak wind from 280 degrees at 30 knots was recorded at 1748.

The U.S. Naval Observatory reported that the moonrise on the night of the accident for Livingston, Texas, was at 1757.

AERODROME INFORMATION

The Livingston Municipal Airport is a public uncontrolled airport located 5 miles southwest of Livingston, Texas, at 30 degrees 41 minutes north latitude, and 095 degrees 01 minutes west longitude, at a surveyed elevation of 151 feet.  The airport features a single asphalt runway, runway 12/30, which is 3,700 feet in length and 60 feet in width.  Runway 30 has 80-foot trees, approximately 1,200 feet from the runway, listed as an obstruction.  The runway is equipped with medium intensity edge lights which operate from dusk until dawn.

WRECKAGE AND IMPACT INFORMATION

The accident site was located approximately 2,600 feet southeast of the approach end to runway 30 at the Livingston Municipal Airport.  The airplane's right wing impacted a tree, and the airplane struck power lines, a fence, and came to rest upright in the backyard of a residence.  The main wreckage was located at 30 degrees 40.62 minutes North latitude, 95 degrees 00.46 minutes West longitude, and came to rest on a measured magnetic heading of 255 degrees, at an elevation of approximately 150 feet.  The main wreckage consisted of

## Aircraft

- Registration: [N98287](https://openairdocs.org/deregistered/N98287-2014-12-22), registration cancelled 2014-12-22, S/N 28-26147, built 1969 (OpenAirDocs)
- Reported make and model: Piper PA-28-140
- Registry model: [Piper PA-28-140](https://openairdocs.org/model/piper-pa-28-140) (registry code 7102802) (OpenAirDocs)
- Registry engine: [Lycoming 0-320 series](https://openairdocs.org/engine/lycoming-0-320-series) (registry code 41508, reciprocating) (OpenAirDocs)
- Category: Airplane
- Serial number: 28-26147
- Airframe hours: 4265
- Engines: Lycoming O-320-E2A 150 horsepower reciprocating
- Damage: Destroyed
- Flight: Personal, Part 91
- Registered owner: James R. Lowe
- Airworthiness certificate: Standard, Normal
- Last inspection: Annual, April 9, 2003, 39.66 hours before
- Departed: 6R3, Cleveland, TX
- Destination: 00R, Livingston, TX
- Airport: 00R, Livingston Municipal Airport, runway 30, 3,700 × 60 ft, asphalt

## Flight crew

As NTSB recorded them. NTSB leaves out names.

- Pilot; age 23; injuries: fatal; private; airplane ratings: single-engine land; medical: class 3, valid medical--no waivers/lim.; last flight review September 27, 2003; seat: right; toxicology performed; flight hours: 73 total, 15 in this make and model, 33 as pilot in command, 15 in the last 90 days, 4 in the last 30 days
- Student pilot; age 54; injuries: serious; student; medical: class 3, valid medical--w/ waivers/lim; seat: left; flight hours: 20 total, 20 in this make and model, 2 as pilot in command, 20 in the last 90 days, 5 in the last 30 days

## Weather

- Conditions: Visual (VMC), Night
- Wind: 320° at 15 knots, gusting 22
- Visibility: 10 statute miles
- Lowest ceiling: none
- Temperature: 55 °F, dew point 34 °F
- Altimeter: 29.87 inHg
- Observed at: UTS, 29 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 20031209033619A](https://openairdocs.org/incident/20031209033619A), Dec 9, 2003: Piper PA28140, Livingston, TX, Substantial damage, 1 fatal. (-23) Eyewitness report and evidence at the scene shows that the PA-28-140 impacted a 75 foot tall tree on the centerline of the runway just 2,640 feet from…

## Other investigations on N98287 (1)

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.

- [NTSB OAK74DVA19](https://openairdocs.org/ntsb/OAK74DVA19), Sep 6, 1973: Piper PA-28 (N98287), Madera, CA, substantial damage

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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