MIA97FA040

When queried after takeoff, the pilot informed ATC that the left engine was not developing full power, and that he was having difficulty in maintaining altitude. The pilot was attempting to return to the departure airport when the airplane collided with trees and a chimney, then it crashed in a residential area. Examination of the left and right engine did not reveal any condition that would have caused an operational problem. Neither propeller was in the feather position. Two work orders had been signed off on the day of the accident; one indicated that the airplane was in an airworthy; the other (with a later invoice number) indicated that the airplane was not in an airworthy condition. A review of pilot log sheets showed that the pilot had prevously flown the Piper PA-34 between 1/13/86 and 10/6/91; since that period, he had only flown it once, which was on the day before the accident. Reportedly, during that flight, he had flown the airplane for one hour, but did not practice emergency procedures.

History of flight

On December 16, 1996, about 0719 central standard time, a Piper PA-34-200T, N872SD, registered to Gulf Shores Flying Service Inc., operated by F and B Aviation Inc., as a 14 CFR Part 91 executive/corporate flight, crashed in a residential area in Birmingham, Alabama, while attempting to return to Birmingham International Airport. Visual meteorological conditions prevailed and an IFR flight plan was filed. The airplane was destroyed by a postcrash fire. The airline transport pilot, and two passengers were fatally injured. The flight originated from Birmingham International Airport about 7 minutes before the accident. Two witnesses observed the airplane at about 200 to 300 feet flying southwest bound towards the Bell South building located in the vicinity of the Alabama Power helipad, about 1/2 mile east of the Birmingham International Airport extended centerline for runway 23. The airplane pitched up and down, banked left to right,"at a very slow airspeed." "Both engines sounded like they were not at full power." The airplane disappeared from view behind an adjacent building. Another witness who was driving his truck in the vicinity of the crash site observed the accident airplane flying at a low altitude. The left propeller was not turning and the airplane appeared to attempt a landing at a park. The airplane pulled up and disappeared from view behind his truck. Other witnesses located near the crash site also observed the airplane flying towards the north at a very low altitude. The wings were wobbling left and right. The airplane made a left descending turn estimated at about a 40-degree angle of bank, in a nose high attitude. The left wing collided with a tree, separating part of the wing, continued forward, and came to rest next to a house, and a postcrash fire ensued.

Review of communications on December 16, 1997, for the time period 1256 UTC (0656 CST) to 1327 UTC (0727 CST) between Birmingham Tower, Local Control (LC), Birmingham Tower, South Radar (SR), and N872SD revealed that N872SD was cleared for takeoff on runway 23 at 1310:4. The pilot called Birmingham departure at 1311:42, stating he was runway heading out of 800 feet. Review of the Continuous Data Recording (CDR), indicates that N872SD was at 900 feet, heading south-southwest at 1312:30, and the ground speed was 95 knots. The ground speed varies from 100 knots at 1312:39 to 81 knots at 1318:30. A continuous minimum safe altitude alert began at 1313:44, and ended at 1316:03. There is a 2 minute 14 second CDR recording interruption due to an "uncoordinated" tape change by an FAA technician who was unaware of the in-flight emergency that was in progress. The following is an extract of the communications between N872SD and the appropriate controller:

1313:45 SR Senaca two sierra delta uh what does your altitude read out or your altitude indicate 1313:50 N872SD Okay Im still at a thousand feet having a little bit of a problem here I'll take care of it in a minute 1313:54 SR Okay altimeter three zero zero seven and low altitude alert suggest you start a climb immediately to at least two thousand one hundred

1314:01 N987SD Im working on it

1314:01 SR Is there something we can help you with

1314:05 N872SD Uh dont think so

1314:08 SR Do you want to declare an emergency

1314:11 N872SD Not yet

1314:32 SR November two sierra delta are you in vfr conditions

1314:35 N772SD Affirm

1314:37 N872SD And Im going to have to come back and land

1314:39 SR All right sir do you uh are you able to maintain any kind of altitude at all the winds are one four zero at one five I can bring you right back around for five or three six or one eight three six or one eight what ever you need

1314:49 N872SD Just barely able to maintain altitude uh how about back in on five

1314:53 SR All right sir suggest you turn to the right turn back inbound for five 1314:58 SR Okay

1314:59 SR Whats the nature of your emergency just cant hold altitude

1315:01 N872SD Uh the left engine is not developing full power

1315:54 N872SD Okay uh having trouble turning here but

1316:22 N872SD Tell you what I think I can turn better to the left

1316:25 SR Okay what ever you want to do sir just hold as much altitude as you can get turned around northeast bound let me know when you see runway five

1316:31 N872SD Okay

1317:52 SR Senaca two sierra delta you see the runway now about one oclock and six miles

1317:57 N872SD Uh negative Im too low

1317:59 SR Okay uh a can you like get over to the interstate and just like fly the interstate until you can see the runway

1318:05 N872SD Im just trying to work that my way up that direction

1318:08 SR Okay sir

1318:12 SR November two sierra delta about a heading of zero four five for now that'll get you over closer to the final

1318:17 N872SD Okay working on it

1318:35 N872SD Sierra delta youve gotta find me a place to uh put it down Im in the trees right now

1318:35 SR Roger

1318:53 SR Senaca two sierra delta radar contact is lost

There were no other known radio communications with N872SD. The last recorded CDR plot was at 1318:30. (For additional information see Transcripts, Reference Aircraft Accident, N872SD, Birmingham, Alabama, December 16, 1996). PERSONNEL INFORMATION

Review of pilot flight log sheets obtained from the deceased pilot's son, revealed the pilot's first recorded flight in a PA-34-200T was January 13, 1986, in N826BB. The pilot flew N826BB until October 6, 1991. The last recorded flight in a PA-34-200T, before the accident was on December 15, 1996, in N872SD. The pilot flew the airplane for 1 hour and logged five landings. The pilot log sheet does not indicate total pilot flight hours. The pilot log sheet only indicates total hours flown for the date the pilot log sheet was completed. No logbook entries were located indicating the pilot's last biennial flight review. (For additional first pilot information see page 3 of this report).

Aircraft information

Review of oil analysis performed on oil samples taken from the left and right engine of N872SD revealed that the wear metals appeared high for low time oil, and was attributed to possible corrosion if the airplane had not been flown regularly. Aviation Oil Analysis, Phoenix, Arizona, recommended that both engines be resampled after 25 hours to monitor wear trend.

Review of aircraft work orders and discrepancy sheets on file with AMR COMBS, located at Birmingham, Alabama, and conversations with the registered owner, AMR COMBS personnel, and a representative from the perspective buyer, (Arlington Properties Inc/Beaver Construction Company/F and B Aviation Inc.), revealed that N872SD was flown from Gulf Shores, Alabama, to Birmingham, Alabama, on November 25, 1996, for an aircraft survey/preinspection buy requested by the buyer. Mr. James H. Gray, the deceased accident pilot was acting as the coordinator, and facilitating the inspection of the airplane for the buyer, between the registered owner and AMR COMBS. A work order invoice No. 12945 was opened on November 26, 1996, by William S. Myers, AMR COMBS. The inspection was completed and the registered owner was made aware of the deficiencies by telephone. The registered owner elected to have the repairs completed at Gulf Shores, and informed the coordinator of his decision. The coordinator contacted the registered owner at a later date, and informed him that the buyer wanted an annual inspection performed on the airplane. A facsimile regarding the annual inspection was sent to the registered owner by the buyer on December 3, 1996.

The airplane was returned to AMR COMBS on December 8, 1996, to have the annual inspection completed. Work order No. 12982 was opened on December 10, 1996, by William S. Myers, AMR COMBS. According to a crew chief and the chief inspector for AMR COMBS a list of discrepanci