MIA06FA008

While on an IFR flight, the pilot was advised by the controller of an area of moderate to heavy precipitation at his twelve o-clock position five miles ahead. The pilot stated he would deviate around the weather on a 300 degree heading. Examination of recorded display data showed that when the pilot advised that he would be turning to a 300 degree heading to avoid weather, the controller's display was showing moderate (Level 2) and heavy (Level 3 to 4) and intense to extreme (Level 5 to 6) weather in that direction. The controller did not advise the pilot of the depicted weather as required by FAA Order 7110.65, paragraph 2-6-4, "Weather and Chaff Services." Review of weather radar images confirmed that shortly thereafter, the airplane penetrated an intense Level 5 thunderstorm. About 1 minute after the heading change, the pilot asked the controller if his heading was clear of weather, to which the controller responded that he could not suggest any headings. About 2 minutes later, the pilot asked the controller if there was weather ahead of him, and the controller did not respond. About 30 seconds later, the pilot again asked about weather in front of him and reported he was in "difficult shape." The controller responded that he showed the airplane encountering "extreme precipitation" and asked the pilot his intentions. The pilot requested a heading and the controller responded with a suggestion that the pilot turn 20 degrees right. The pilot acknowledged and shortly thereafter, the airplane entered a rapid descent. Several witnesses stated that they saw the airplane emerge from the clouds at an altitude of about 300 feet, on its side, and descending. They observed the airplane maneuvering erratically before it descended and impacted a house at a steep angle. A fire erupted, which destroyed the house and the airplane. According to witnesses "bad weather" was present in the area at the time of the accident, with heavy rain and lightning being observed. A Convective SIGMET was current for an area of thunderstorms with tops to 40,000 feet, moving little.

History of flight

On October 19, 2005, about 1457 eastern daylight time, a Cessna P337H, N5HU, registered to River Aviation, Inc., and operated by the pilot as a Title 14 CFR Part 91 personal flight, impacted a residence in an uncontrolled descent in Port St. Lucie, Florida. The private pilot, the sole occupant, received fatal injuries, and the airplane was destroyed. Instrument meteorological conditions prevailed in the area at the time, and an instrument flight rules (IFR) flight plan was filed for the cross country flight. The flight originated in Boca Raton, Florida, about 1431, and the intended destination was Myrtle Beach, South Carolina.

According to recorded radar data provided by Palm Beach (PBI) approach control, N5HU departed Boca Raton Airport under visual flight rules (VFR) at 1431 and headed northbound. The pilot contacted PBI at 1434, requesting VFR flight following. The controller acknowledged, told the pilot that PBI already had an IFR flight plan on file, and asked if the pilot wished to fly under IFR instead of VFR. The pilot responded that he wanted to go direct to Ormond Beach, and that if he could do so, he would accept an IFR clearance. The controller advised that such a route would be possible at or below 9,000 feet and instructed the pilot to squawk 3574.

After radar identifying N5HU, the PBI controller cleared the pilot to Myrtle Beach (MRB) via radar vectors west of the PBI airport area, then direct to Vero Beach, Melbourne, Ormond Beach, Craig, direct MRB. The pilot acknowledged. At 1441, the pilot asked to deviate to the east to go around some buildups. The controller responded, "Deviations approved, when able direct Vero Beach. It looks like direct Vero Beach is the best shot for you. There's some weather west of Stuart - that track should keep you out of it." The pilot then said that if he could get a higher altitude, he might be able to go direct instead of deviating. The controller issued clearance to 9,000 feet, and the pilot acknowledged. At 1450, the PBI controller instructed the pilot to contact Miami Air Route Traffic Control Center (ZMA) on 135.3.

N5HU contacted ZMA sector 3 at 1450 and reported level at 9,000 feet. The controller acknowledged and issued the Vero Beach altimeter setting. The pilot then asked for a higher altitude, and the controller replied, "...I'll have higher for you in about two minutes if that works for you." N5HU responded that he might have to deviate left or right but was not sure yet, and then stated that he wished to deviate to the east. The controller approved the deviation and instructed the pilot to go direct to Vero Beach when able. At 1451, N5HU was handed off to ZMA sector 22 and told, "...contact Miami Center 133.47 for climb clearance."

The pilot contacted sector 22 at 1452 and immediately requested to climb. The R22 controller issued clearance to 11,000. The controller further advised of, "...a weather area twelve o'clock five miles moderate to heavy precipitation. I do show a break about five miles wide and then picks back up to heavy extreme and uh correction moderate to heavy and extreme precipitation. Advise of your deviations, please." The pilot responded, "5HU deviations to the west around that weather, looks clear behind that." The R22 controller asked, "all right uh understand you want to go west?" The pilot replied, "Yes sir, I'm heading three hundred right now to get by that weather."

At 1453, the pilot of N5HU asked, "...does my heading look clear to you at this point?" The R22 controller responded, "...I cannot suggest any headings because my weather radar only picks up precipitation and is not as accurate as what you see out the window. You are cleared to deviate left and right of course, when able direct to Melbourne - just advise when you can go back." The pilot replied, "Wilco."

At 1455:23, the R22 controller became involved in a coordination call regarding an unrelated flight. At 1455:25, an unidentified pilot sounding similar to N5HU transmitted, "I'd like to have a block altitude." At 1455:33, the pilot of N5HU asked, "Do you have any weather ahead of me right now?" At 1455:41, the pilot transmitted, "5HU request assistance." None of these transmissions were acknowledged because the controller was engaged in coordination.

At 1455:49, the controller transmitted, "5HU go ahead." The pilot responded, "..…are you showing what the weather is in front of me? I'm a little uh in difficult shape here." The controller advised, "OK - November 5HU I'm showing you encountering weather at this time moderate to heavy precipitation slight uh actually uh extreme precipitation, do you need uh say intentions." The pilot replied, "...give me a heading please." The controller responded, "OK - 5HU this is a suggestion only a suggestion only I cannot issue assigned headings. 20 degrees right please." At 1456:20, the pilot stated, "5HU roger that turning." Shortly afterward, the airplane entered a rapid descent.

At 1456:40, an unknown pilot sounding similar to N5HU transmitted, "Help." At 1457:34, the R22 controller made two unsuccessful attempts to contact the pilot of N5HU. The pilot of AAL1968 transmitted, "...somebody's yelling for help that they're going to die." The R22 controller transmitted, "Say again?", and the pilot of AAL1968 repeated the message. The controller again tried to contact N5HU with no response. At 1458:06, AAL1968 advised that they heard a pilot yelling, "Help help help." There were no further contacts with N5HU.

According to witnesses "bad weather" was present in the area at the time of the accident, with heavy rain and lightning being observed. Several witnesses stated that they saw the accident airplane emerge from the clouds at an altitude of about 300 feet, on its side, and descending. The witnesses further said the airplane appeared to roll inverted, and again rolled onto a side. They said that it became level as it climbed to an altitude of about 600 to 800 feet, and proceeded in a northeasterly direction, descended again, and started to head to the south. It then made a turn to the east, and was at a low altitude which permitted them to clearly observe the pilot and the airplane. They said the airplane then headed east, turned north, and descended below the tree line. According to witnesses, the engines sounded as if they were operating, and there were no noticeable problems with the airplane. One witness remarked that it appeared as if the airplane was "performing maneuvers." Witnesses further stated that the airplane impacted a house at a steep angle, with the sound of a loud "pop," followed by a loud explosion. A fire ensued, engulfing the house and the airplane.

Personnel information

The pilot held a private pilot certificate with ratings for airplane single engine land, airplane multi-engine land limited to center thrust, and instrument airplane. His most recent medical certificate was a third class medical issued on April 27, 2005, with the limitation, must have glasses available for near vision. Review of the pilot's logbook indicated he had accumulated about 1,488 hours total flight time. According to the logbook, the pilot had logged 346 hours of actual instrument time and 71 hours of simulated instrument flight time. His most recent instrument competency check was completed on April 7, 2005. Since that check, the pilot had not logged any hours of actual or simulated instrument flight time.

Aircraft information

Review of the airplane's maintenance records indicated that the 1978 model Cessna Skymaster received its most recent annual inspection on December 23, 2004, at a total time of 1,639.7 hours. As of that date, the front and rear engines, both Continental TSIO-360CB models, S/N 236251-R and 236252-R, respectively, had each accumulated 574 hours since installation in the airplane on February 3, 1999, following zero time overhauls b