LAX99LA263

Five passengers had chartered the airplane for a flight. Four of the passengers arrived at the airport, passed through the operator's boarding gate and entered the airplane. The pilot prepared to taxi for takeoff, started the engines, and performed other related duties in the cockpit. The late arriving fifth adult (prospective) passenger arrived at the airport and attempted to gain access to the ramp area where the airplane was parked. The passenger was described by witnesses as being 'frantic' and looking 'very upset.' He made several attempts to gain access via closed terminal gates and was observed to bang on closed glass doors while yelling 'that's my plane, that's my plane' in an attempt to acquire attention. The passenger located a nearby open and unguarded freight-loading gate next to the terminal. He passed through the unattended gate, ran toward the airplane while waving his arms, and contacted the left engine's rotating propeller. An investigation of the gate area revealed the area was marked with signs stating 'KEEP OUT RESTRICTED AREA' and 'AUTHORIZED AIRPORT EMPLOYEES ONLY BEYOND THIS POINT.' The gate was being used for freight movement by a different operator, whose loader had left the gate open while handling cargo in another area. Under FAA and state regulations, the company's freight loader had a responsibility to ensure that the gate was secure from entry by unauthorized persons at all times.

History of flight:

On August 5, 1999, about 0740 hours Hawaiian standard time, a Partenavia P68C, N4234L, operated by Paragon Air, Inc., Haiku, Hawaii, was preparing to taxi for takeoff from the Kaunakakai/Molokai Airport, Hawaii, when a late arriving passenger walked into the rotating propeller of the left engine. The passenger was seriously injured, and the airplane sustained minor damage. Neither the airline transport pilot nor the other four passengers, who were onboard, were injured. The on-demand air taxi flight was being performed under 14 CFR Part 135. Visual meteorological conditions prevailed, and a company flight plan was filed. The flight was originating at the time of the accident.

The pilot reported that five passengers had chartered his airplane to initially transport them between the Kaunakakai and Kalaupapa Airports, on the island of Molokai. The accident passenger failed to show up at the boarding gate. The four passengers passed through the airport's security system, walked to the airplane, and boarded. Then, the engines were started in preparation for taxiing.

The pilot further stated that airport ground personnel indicated the fifth (prospective) passenger arrived at the departure gate and observed that it was closed. He found access to the ramp, and without going through a boarding gate, rapidly proceeded toward the airplane. The passenger approached the airplane from behind, and he was not observed by the pilot until being struck by the left engine's propeller.

The pilot also stated that when the accident occurred the airplane was not moving. He was in the process of obtaining taxi instructions from the air traffic control facility.

Passenger information:

Under the direction of the National Transportation Safety Board, the Federal Aviation Administration (FAA) coordinator investigated the accident. Additional investigations were performed by the FAA's Civil Aviation Security Field Office (CASFO), the Maui County Police Department, and local airport security officials.

In pertinent part, these investigations revealed that the prospective adult passenger was late for his flight. Upon arrival at the airport he was initially unable to gain access to the ramp where the parked airplane was located using the air carrier's terminal boarding gate facility. The passenger was described by witnesses as being "frantic" and looking "very upset." He made several attempts to gain access via closed gates and was observed to bang on closed glass doors while yelling "that's my plane, that's my plane" in an attempt to acquire attention. The passenger located an open and unguarded freight-loading gate next to the terminal. He passed through the gate and ran toward the airplane while waving his arms.

Gate area description and usage:

An investigating officer from the Maui police department examined the subject gate area and reported observing a 6-foot-high chain link fence, which has three strips of barbed wire running across the top. Posted on the fence are signs that state "KEEP OUT RESTRICTED AREA" and "AUTHORIZED AIRPORT EMPLOYEES ONLY BEYOND THIS POINT." The fence area/gate is used for freight movement, and the gate can be opened for access to/from the ramp.

The pilot of a Trans Air Company cargo airplane reported that about 10 minutes prior to the accident he had landed and parked next to Paragon Air. Trans Air's cargo handler reported that her job was to bring freight from the cargo holding area and load it onto the parked Trans Air airplane. When the airplane parked she unlocked and opened the cargo gate. She then proceeded to push a wagon of freight from the cargo holding area to the Trans Air airplane. The cargo handler further reported that she had left the gate unlocked and open while she was at the Trans Air airplane.

Airport certification and gate operation information:

The FAA reported that the airport was serviced by scheduled air carriers operating under 14 CFR Part 121. The airport had received full FAR Part 139 certification.

An airport security officer reported that the proper protocol for the subject gate was that it be secured at all times. When freight is being loaded it is the responsibility of the agent (person loading) to monitor the area and to ensure that the area is secure. FAA and State of Hawaii administrative rules require that all operators ensure that the gate area be secure from entry by unauthorized persons.