MIA00FA041

After the Cadet airplane departed, the flight proceeded to the DeLand airport and remained in the traffic pattern for runway 05; individuals heard announcements while in the pattern. After the Seminole airplane departed, requests to perform instrument approaches to the DeLand airport were denied; the controller responded to the request, '...delands saturated right now unable any approaches at deland....' The flight was vectored then cleared for a VOR approach to a runway 16 at Daytona Beach then vectored and cleared for a VOR approach to runway 23 at the DeLand airport. While inside the final approach fix inbound, radar service of the Seminole flight was terminated. Two individuals heard a voice announce on the DeLand CTAF, 'VOR 23.' The witnesses did not hear the distance, intentions, airport ID, or aircraft ID. The Seminole flight continued on the VOR approach; the last radar target of the Seminole was approximately .6 nautical mile from the approach end of runway 23. Several individuals heard the Cadet flight announce on the DeLand CTAF that the flight was departing runway 05. One witness reported that the Cadet used almost the full length of the runway, became airborne, then banked to the left and disappeared behind trees. The airplanes collided in-flight near the departure end of runway 05; the wreckage of both airplanes came to rest within approximately 1/2 nautical mile from the departure end of runway 05. An impact signature from one of the propeller blades from the left engine of the Seminole was noted on top of the engine of the Cadet; the impact signature was within approximately 25 degrees from being perpendicular. Several individuals reported frequency congestion of the DeLand CTAF from other airports that utilize the same frequency. Prior to the accident, ERAU personnel had informally inquired about having the frequency changed due to that very reason; the frequency was not changed before the accident. Advisory circulars and the AIM does not address when to terminate a practice instrument approach to an uncontrolled airport.

After the Seminole airplane departed, requests to perform instrument approaches to the DeLand airport were denied; the controller responded to the request, '...delands saturated right now unable any approaches at deland....' The flight was vectored then cleared for a VOR approach to a runway 16 at Daytona Beach then vectored and cleared for a VOR approach to runway 23 at the DeLand airport. After the Cadet airplane departed, the flight proceeded to the DeLand airport and remained in the traffic pattern for runway 05; individuals heard the flight announce while in the traffic pattern. While inside the final approach fix inbound, radar service of the Seminole flight was terminated. Two individuals heard a voice announce on the DeLand CTAF, 'VOR 23.' The witnesses did not hear the distance, intentions, airport ID, or aircraft ID. The Seminole flight continued on the VOR approach; the last radar target of the Seminole was approximately .6 nautical mile from the approach end of runway 23. Several individuals heard the Cadet flight announce on the DeLand CTAF that the flight was departing runway 05. One witness reported that the Cadet used almost the full length of the runway, became airborne, then banked to the left and disappeared behind trees. The airplanes collided in-flight near the departure end of runway 05; the wreckage of both airplanes came to rest within approximately 1/2 nautical mile from the departure end of runway 05. An impact signature from one of the propeller blades from the left engine of the Seminole was noted on top of the engine of the Cadet; the impact signature was within approximately 25 degrees from being perpendicular. Several individuals reported frequency congestion of the DeLand CTAF from other airports that utilize the same frequency. Prior to the accident, ERAU personnel had informally inquired about having the frequency changed due to that very reason; the frequency was not changed before the accident. Advisory circulars and the AIM does not address when to terminate a practice instrument approach to an uncontrolled airport.

Same as narrative MIA00FA041A.

History of flight

On December 3, 1999, about 1023 eastern standard time, a Piper PA-44-180 (Seminole) airplane, N3038N, registered to and operated by Phoenix East Aviation, Inc., and a Piper PA-28-161 (Cadet) airplane, N153ER, registered to and operated by Embry-Riddle Aeronautical University, collided in-flight near the departure end of runway 5 at the DeLand Municipal-Sidney H Taylor Field Airport, DeLand, Florida. Visual meteorological conditions prevailed at the time and a local instrument flight rules (IFR) flight plan was filed for the 14 CFR Part 91 instructional flight of the Seminole airplane. No flight plan was filed for the 14 CFR Part 91 instructional flight of the Cadet airplane; none was required. Both airplanes were destroyed and the certified flight instructor (CFI) and commercial pilot-rated student of the Seminole airplane were fatally injured. The CFI and private pilot-rated student of the Cadet airplane also were fatally injured. The Seminole flight originated about 0939 from the Daytona Beach International Airport, Daytona Beach, Florida. The Cadet flight originated about 0921, also from the Daytona Beach International Airport, Daytona Beach, Florida.

According to a transcription of communications from Daytona Beach Air Traffic Control Tower (DAB ATCT), a flightcrew member in the Cadet contacted clearance delivery and requested a visual flight rules (VFR) clearance to Leesburg. The flight was cleared to taxi to runway 7R at 0911:48, and was cleared for takeoff at 0920:52. After takeoff, air traffic control (ATC) communications were transferred to Daytona Beach departure control then to the Daytona Beach South-Arrival Radar position. The flight remained in contact with that facility from 0924:45, to 0934:11, when the controller advised the flight to proceed on course, squawk the VFR transponder code, and provided the frequency of the next ATC facility. That transmission was acknowledged; there were no further recorded transmissions from the flightcrew with the DAB ATCT.

The transcription of communications from DAB ATCT indicates that a flightcrew member in the Seminole airplane contacted clearance delivery and requested, "a local IFR clearance ah we would like to shoot ah VOR 23 approach deland to be followed by ndb approach runway thirty deland and uh then we'll break off and come back for an ILS later." The controller cleared the flight to the DeLand airport via radar vectors; the clearance was read back by a flightcrew member. The flight was cleared to taxi to runway 7L at 0918:50, and was cleared for takeoff at 0938:48. After takeoff, ATC communications were transferred to the Daytona Beach North-Arrival Radar position. While in contact with that facility, at 0942:10, a flightcrew member asked the controller, "ah three zero three eight november is it possible we can have the full approach sir uh to fly over the vor", to which the controller responded, "...unable vor uh vor deland approach." A flightcrew member advised the controller "three eight November a mile north of Ormond is fine sir." The controller responded, "...not for you sir unable vor two three approaches fly tower assigned heading now." The controller advised the flight the heading to fly, and "...unable vor two three at deland." A flightcrew member responded that they would like to perform if possible a non directional beacon (NDB) instrument approach to runway 30 at DeLand. The controller advised, "okay three eight november delands saturated right now unable any approaches at deland let me rephrase that unable any approaches at deland." A flightcrew member responded that they would like to execute a very high frequency omni-directional range station (VOR) approach to runway 16, and a NDB approach to a runway at the New Smyrna Beach Municipal Airport. A flightcrew member questioned whether they could execute the full VOR approach. The flight was vectored then cleared for the VOR approach to runway 16 at the Daytona Beach International Airport, and told to expect to break off the approach four miles north of Daytona. At 0959:28, the controller questioned the flight if they wanted to execute an instrument landing system (ILS) approach after the VOR approach, and also if they had another request. A flightcrew member responded with the registration number of the airplane and the controller stated, "...after this I ah vor 16 would you like an approach at deland now" to which a flightcrew member responded, "ah yes we'll take the deland after this one sir." The controller questioned what kind of approach they would like to execute at DeLand and a flightcrew member responded, "we'd like ah the vor two three if possible." The controller advised the flight to expect that and a flightcrew member questioned if they would be able to execute the full approach to which controller advised the flight to stand by. The controller advised the flight to expect the full approach and the VOR approach would be broken off in about another 1 1/2 miles. At 1001:23, the controller canceled the approach clearance and gave heading and altitude to fly, which was acknowledged. At 1003:53, the controller who was handling the Seminole flight briefed the relieving controller. The handling controller advised the relieving controller in part that the flightcrew was expecting the full VOR approach to runway 23.

At 1006:07, the relieving controller advised the Seminole flight to proceed direct to the Ormond Beach VORTAC and to join the 212-degree radial. A flightcrew member advised the controller that the flight was "proceeding for establishment..." and descending to 1,600 feet. The controller cleared the flight to descend to 1,600 feet and advised the flight to change to another frequency. At 1012:06, a flightcrew member advised the controller on the new frequency that the flight was descending to 1,600 feet. At 1012:30, the controller cleared the flight for the VOR approach to runway 23 at the DeLand Municipal Airport. At 1015:11, the controller advised the flight to use caution due to constant parachute jumping in progress. A flightcrew member responded "...roger", and at 1017:32, the controller questioned if the flight was going to perform a full stop landing to which a flightcrew member responded, "negative sir we uh we gonna breakoff and do some airwork and then come back with an ils full stop we'll advise you." The controller advised the flight to report canceling on the frequency, which was acknowledged. At 1018:02, a flightcrew member advised the controller that the flight was canceling at this time and the controller responded, "november three zero eight november radar service terminated squawk one two zero zero frequency change is approved." This transmission was acknowledged; there were no further recorded transmissions from the flightcrew with DAB ATCT.

Witnesses reported seeing the Cadet airplane in the traffic pattern to runway 5 at DeLand Municipal-Sidney H Taylor Field Airport (KDED) for two patterns; they also reported hearing radio calls from a flightcrew member of the airplane while in the traffic pattern on the KDED common traffic advisory frequency/UNICOM (CTAF). Two individuals who were flying reported hearing a radio call from a flightcrew member of an unidentified airplane report, "VOR 23" on the KDED CTAF frequency; one individual reported he did not recall hearing the identification of the airplane, or hear the person announce the distance or intentions. Several individuals reported hearing a flightcrew member of the Cadet airplane report on the KDED CTAF frequency that the flight was departing runway 5. One witness reported that the Cadet airplane used almost the full length of the runway, became airborne, then banked to the left and disappeared behind trees. A witness who was located near the accident site, reported seeing an airplane flying north and another airplane flying west. She reported seeing the col