# NTSB LAX99FA078: Cessna 182P, N8579M, Danville, CA, January 20, 1999

- Type: NTSB accident investigation
- Classification: Accident · Fatal · Field investigation · Final report
- Date: January 19, 1999, 19:35 local (Jan 20, 1999, 03:35 UTC)
- Place: Danville, CA
- Coordinates: 37.810523, -121.969924 (estimated)
- Nearby events: https://openairdocs.org/map.md?lat=37.8105&lon=-121.9699&mi=10
- Phase of flight: [Enroute](https://openairdocs.org/ntsb-phases/400) (OpenAirDocs' grouping)
- Highest injury: Fatal
- Injuries: 1 fatal
- Status: Completed, report June 22, 2000
- Report: Approved by Office Director
- NTSB case key (mKey): 45664
- NTSB case page: https://web.ntsb.gov/investigations/?ntsbnumber=LAX99FA078
- NTSB report (PDF, downloads): https://data.ntsb.gov/carol-repgen/api/Aviation/ReportMain/GenerateNewestReport/45664/pdf
- Page: https://openairdocs.org/ntsb/LAX99FA078

## Probable cause

The pilot's disregard for the preflight weather briefing, and his intentional continuation into adverse weather conditions.

## Sequence of events

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

- In flight collision with terrain/water, cruise
  - terrain condition - mountainous/hilly
  - weather condition - obscuration
  - weather condition - rain
  - weather condition - low ceiling
  - weather forecast - disregarded, pilot in command (cause)
  - flight into adverse weather - attempted, pilot in command (cause)
  - vfr flight into imc - continued, pilot in command (cause)

## Analysis

The pilot received a preflight weather briefing and filed a VFR flight plan prior to departing Sacramento, California. During the briefing, the pilot was advised of forecast IFR conditions, with ceilings occasionally less than 1,000 feet and 3 miles visibility.  Airmets advised mountain obscuration with scattered moderate to heavy rain.  The FSS briefer concluded that after 1900-2000, the weather was going to reduce conditions to marginal VFR flight conditions.  When the pilot opened his VFR flight plan by radio the briefer again asked him if he had the airmet for mountain obscuration, IFR conditions, and current information for the route.  The pilot said yes he did and the briefer concluded by telling the pilot that VFR flight was not recommended.  After the pilot arrived at Livermore airport he was asked by the local controller if he had a clearance on file or if he'd like to file one before he departed Livermore, and the pilot declined.  The accident site was located between the elevation of 1,900 to 2,000 feet msl on a route consistent with a downwind departure from Livermore.  A weather study by the Safety Board found that the airplane most likely experienced light to moderate rain after takeoff, with the airplane encountering heavy to very heavy rain near the accident site. Witnesses who were in the vicinity of the accident location confirmed that it was raining heavily near the accident timeframe.

## Factual narrative

HISTORY OF FLIGHT

On January 19, 1999, about 1935 hours Pacific standard time, a Cessna 182P, N8579M, collided with mountainous terrain during cruise flight near Danville, California.  The airplane, owned and operated by Comstock Air Services of Sacramento, California, was destroyed during the impact sequence.  The commercial pilot sustained fatal injuries.  The purpose of the flight was to deliver canceled checks to the Livermore Airport under the provisions of 14 CFR Part 135.  The airplane had departed Livermore at 1923 and was en route to Sacramento on a 14 CFR Part 91 positioning flight when the accident occurred.

The owner of the company received a telephone call about 2100 from Flight Service (FSS) who told him that the accident airplane's flight plan had not been closed.  They also said that the Sacramento Executive Tower told FSS that the airplane had not landed at the airport.

At 0955 on January 20, Contra Costa County Sheriff's Department Search and Rescue personnel located the wreckage of the airplane on a mountainside near Danville.

Shortly after the accident timeframe, the weather began to deteriorate at Livermore Airport.  At 2014, Livermore was reporting 2-1/2 miles visibility with heavy rain; 2,900 broken; 5,000 overcast; temperature 54 degrees Fahrenheit; dew point 54 degrees; and altimeter 29.96 inHg.

A commercial pilot who said he lived approximately 4 miles from the accident site called the Federal Aviation Administration (FAA) and reported that between 1900 and 2000 he heard an aircraft flying low nearby.  He estimated the airplane's altitude to be between 500 and 1,000 feet above ground level (agl).  He said that the weather was "not good."  He also stated that he stopped and listened to the airplane, and remarked that the "engine sounded good to him."  The individual is a 1,800-hour pilot with an instrument rating and certified flight instructor certificate.

On January 22, 1999, the pilot witness told investigators that the weather was "raining with winds blowing pretty good," at a speed he estimated at 15-20 mph.  He said that the pilot "was definitely scud running, but he didn't think that visibility was a problem."  He also added that he had owned a Cessna 182 for several years and that he listened to the engine and it sounded "good and strong."  Based on the witness's address, it was determined that the he lived approximately 8 miles west of the accident site.  It could not be determined if the accident airplane was the same airplane described by the witness because no radar data was available.

A deputy with the Contra Costa County Sheriff's Office responded to an alarm call at 1900 in the Blackhawk/Alamo area.  The deputy said that it was pouring down rain between 1830 and 1900 and it continued to rain heavily all night.  A Lieutenant who was called out to work the missing aircraft case stated that traditionally, the area of the crash sight gets socked in due to the terrain.  She stated that there are huge differences in the temperature up in the hills, which causes the weather to close in.

The owner of the company supplied Safety Board investigators with a written statement from another pilot who landed at Livermore Airport at 1945.  This pilot described the weather conditions as "marginal VFR, with light rain, 3-4 miles visibility and ceilings around 3,000 feet."  He added that he was in and out of the clouds, but he had visual contact with the ground 95 percent of the time.

AIR TRAFFIC CONTROL

The Safety Board obtained certified re-recordings of the telephone and radio contacts between the pilot and involved Federal Aviation Administration (FAA) facilities.  The following transcriptions were made from those tapes.

The pilot called Rancho Murietta Flight Service Station (AFSS) Preflight 11 position according to the certified re-recording during the time period 0015-0030 Universal Coordinated Time.

Pilot: (hereby referred to as "P"), Flight Service (FSS). 		P:	I'd like to file a VFR flight plan.	 		FSS:	Go ahead. 		P:	N8579M, Skylane 182, True Airspeed 120, Executive Terminal at 0630 local, round robin to Livermore.  Altitude 3,500 feet, fuel on board 3 1/2 hours.  Time en-route 1 hour 30 minutes.  One passenger on board.  Based at Sacramento Executive, color White with orange/brown stripes.  One person on board, the pilot. 		FSS:	On file. 		P:	I'd like to get the standard forecast           		FSS:	Forecast IFR conditions, Sacramento to Vacaville not happening at this time.  Ceilings occasionally less than 1,000 feet and 3 miles visibility.  Mountain obscurement including the foothills now through the evening.  Moderate turbulence, the surface up to 18,000 feet.  Icing the entire way, occasional moderate rime and mixed icing in clouds and precipitation up to 20,000 feet.  Freezing level currently, 5,000 to 7,000 feet.  Looking at the latest radar summary, showers widely scattered to scattered for the entire route.  I'm looking at the Sacramento radar, and it shows up on it as well.  Right over the radar site, to 30 miles North of Stockton, there is strong to very strong, I should say heavy to very heavy precipitation returns in those areas.  All the rest looks light. Southbound to Livermore, cloud layers 3,000 to 5,000 broken to overcast, higher layers above and some scattered layers as low as 2,300 feet.  The forecast for the route for the Bay Area including Livermore Valley, 2,000 scattered to broken, 4,000 overcast, tops to 20,000 feet with scattered light rain showers.  Gradually becoming between 7-10 PM 1,000 scattered to broken, 2,000 overcast, visibility 3-5 miles with light rain and mist. Tops to 25,000 feet.  So it sounds like after 7-800 PM, it will be pretty marginal VFR, so I'd keep that in mind.  There are no Notems for the route now until 10 PM, everything is operational.

The following re-recording is for position Inflight One, which occurred between 0232-0243 hours UTC. Pilot:  (hereby referred to as "P"), and Rancho Radio referred to as "RR."

P:	Rancho Radio, 8579M 		RR:	8579M, Rancho Radio, Go ahead. 		P:	Flight Exec.  VFR flight plan to Livermore and return. 		RR:	79M, Flight plan is activated.  Do you have the Airmet's for mountain obscuration, IFR conditions and current information along the route?      		P:	79M, affirmative      		RR:	79M, Roger.  VFR not recommended.  Have a good day.

The pilot contacted Livermore Tower and said he was 11 miles to the North, landing with information Juliet (ATIS, which is a continuous broadcast of recorded non-control information including weather observations, in areas of high activity.)  Information Juliet at 0250 Zulu or 1850 local was as follows: Wind 210-12 knots, visibility 5 miles, rain and mist.  Ceiling 3,000 broken, 6,000 overcast, temperature 13 degrees Celsius, dew point 11 degrees Celsius, altimeter 29.95.  ILS runway 25 in use, landing and departing Runway 25R.

The following is a re-recording of the conversations between the pilot of N8579M, hereby referred to as "P." and the Livermore Control Tower, referred to as "LCT."

P:	8579M, 11 miles to the North, landing with Juliet.    		LCT: 	79M, enter and report 2 mile right base for Runway 25R.  Be advised there is a moderate rain shower at the field at this time.  Ceiling 2,800 broken, 4,700 overcast with 3 miles visibility.     	 	P:	79M, Roger, 2 mile right base for 25R.      		P:	79M, 2 mile right base for 25R.   		LCT: 	79M, not in sight.  25R, cleared to land.      		P:	Cleared to land.   		LCT:	79M, I have the approach lights on Cat 3 flashing.      		P:	79M, Thanks.   		LCT: 	79M, taxi to row 44, Did you have a clearance outbound, or would you like to file one?     		P: 	79M, negative.

The following re-recording concerns conversations between the pilot of N8579M and the Livermore Ground control:

P:	Livermore Ground, 8579M, row 44, taxi with Juliet.    		 LGC: 	8579M, Livermore Ground, taxi to Runway 25R.     		 P:	8579M

## Aircraft

- Registration: [N8579M](https://openairdocs.org/deregistered/N8579M-2000-04-05), registration cancelled 2000-04-05, S/N 18264633 (OpenAirDocs)
- Reported make and model: Cessna 182P
- Registry model: [Cessna 182P](https://openairdocs.org/model/cessna-182p) (registry code 2075816) (OpenAirDocs)
- Category: Airplane
- Serial number: 18264633
- Airframe hours: 10067
- Engines: Continental O-470 230 horsepower reciprocating
- Damage: Destroyed
- Flight: Positioning, Part 91
- Registered owner: Comstock Air Services Inc
- Airworthiness certificate: Standard, Normal
- Last inspection: 100 hour, December 15, 1998, 28 hours before
- Departed: LVK, LIVERMORE, CA
- Destination: SAC, SACRAMENTO, CA
- Flight plan: VFR

## Flight crew

As NTSB recorded them. NTSB leaves out names.

- Pilot; age 51; commercial; airplane ratings: single-engine land; instrument ratings: helicopter, airplane; medical: class 1, valid medical--no waivers/lim.; seat: left; toxicology performed; flight hours: 3,819 total, 112 in this make and model, 85 in the last 90 days, 18 in the last 30 days, 1 in the last 24 hours

## Weather

- Conditions: Visual (VMC), Night/dark
- Wind: 220° at 5 knots
- Visibility: 3 statute miles
- Lowest ceiling: 3,000 ft overcast
- Temperature: 54 °F, dew point 54 °F
- Altimeter: 29.00 inHg
- Observed at: LVK, 7 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 19990119000619A](https://openairdocs.org/incident/19990119000619A), Jan 19, 1999: Cessna 182P, Danville, CA, Destroyed, 1 fatal. (.19)On January 19, 1999, about 1935 hours PST time, a Cessna 182P, N8579M, collided with terrain during cruise flight near livermore, California. T he…

## Other investigations on N8579M (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 LAX89LA317](https://openairdocs.org/ntsb/LAX89LA317), Sep 21, 1989: Cessna 182 (N8579M), Zenia, CA, substantial damage. Probable cause: FAILURE OF THE PILOT TO REALIZE THAT THE FLAPS DID NOT EXTEND, WHICH RESULTED IN EXCESSIVE AIRSPEED. THE SEIZED FLAP ACTUATOR WAS A RELATED FACTOR.

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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