MIA99FA224

NTSB accident investigation · Piper PA-28-140 · Pembroke Pines, FL · August 13, 1999

Accident · FatalField investigationFinal report
Date
August 13, 1999, 17:44 local (21:44 UTC)
Place
Pembroke Pines, FL
Injuries
2 fatal
Damage
Destroyed
Phase of flight
Takeoff
Aircraft
N754ARPiper PA-28-140
Weather
Visual (VMC) · Day
Status
Completed · report May 9, 2001
Report
Approved by Office Director
FAA report
19990813012019A
Case key
47054

From the NTSB’s public API. By law, NTSB reports can’t be used as evidence in lawsuits over the accident.

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Probable cause

The failure of the pilot to maintain airspeed and inadvertent stall of the airplane by the pilot-in-command resulting in the uncontrolled descent and in-flight collision with a house. Contributing factors in the accident were the loss of engine power due to undetermined reasons, the operation of the airplane by the pilot-in-command under the influence of marijuana contrary to federal regulations, and the unsuitable terrain encountered after takeoff. A finding in the investigation was the operation of the airplane by the pilot-in-command contrary to federal regulations for his use of antidepressant medication which he was warned against.

Sequence of events

NTSB’s coding before 2008: each occurrence and phase of flight, and the causes and factors under it. The codes are defined in NTSB’s coding manual.

Loss of engine powerTakeoff
Reason for occurrence undeterminedFactor
Loss of control - in flightManeuvering - turn to reverse direction
Unsuitable terrain or takeoff/landing/taxi area - encounteredPilot in commandFactor
Airspeed(vs) - not maintainedPilot in commandCause
Impairment(drugs)Pilot in commandFactor
Stall - inadvertentPilot in commandCause
Use of inappropriate medication/drugPilot in command
In flight collision with objectDescent - uncontrolled
Object - residence

Analysis

The accident airplane was parked for an undetermined number of days with less than full fuel tanks. The day of the accident, 37.5 gallons of fuel were added before departure. A pilot-rated witness reported that shortly after takeoff, the airplane was lower than expected near the departure end of the runway; the wings were rocking and the airplane was 'floaty'. A witness across the street from the crash site who is an automobile mechanic reported the engine was missing/stalling, the angle of bank increased to 90 degrees before the airplane descended and crashed into a house located in a residential area east of the airport. Examination of the flight controls and engine power section revealed no evidence of preimpact failure or malfunction; the carburetor was destroyed by impact and postcrash fire. Testing of the fuel source revealed no contamination. The sealing surface on the right fuel tank was corrosion pitted. The fuel selector was found approximately 1/2 way on the 'left' position; no damage to the shaft was noted. Fuel starvation approximately 25-30 seconds after full power applied to a 180 horsepower engine with the fuel selector positioned approximately as found was noted during testing. Marijuana and antidepressant medication were detected in blood specimen of the pilot, contrary to federal regulations.

Factual narrative

History of flight

On August 13, 1999, about 1744 eastern daylight time, a Piper PA-28-140, N754AR, registered to Rubin & Rubin P.A., crashed into a house shortly after takeoff from the North Perry Airport, Pembroke Pines, Florida. Visual meteorological conditions prevailed at the time and a visual flight rules (VFR) flight plan was filed for the 14 CFR Part 91 personal flight. The airplane was destroyed and the private-rated pilot and one passenger were fatally injured. The house sustained fire and impact damage and there were no reported injuries to the four individuals in the house at the time of the accident. The flight originated approximately 2 minutes earlier.

According to a transcription of communications with the North Perry Air Traffic Control Tower (HWO ATCT), at 1739:01, the pilot contacted the combined local/ground position and advised that the flight was at Hollywood Aviation with Automated Terminal Information Service (ATIS) information "Delta", departing to the east. The controller cleared the pilot to taxi to runway 9R, and at 1741:29, the pilot advised the controller that the flight was ready for departure eastbound from runway 9R. The flight was cleared to takeoff at 1741:33, which was acknowledged by the pilot. There were no further recorded radio transmissions from the pilot.

According to a pilot-rated witness standing outside hangars located east and south of the departure end of runway 09R, he saw the airplane climbing out of runway 9R. He reported, "It was unusually low considering its location. It reached about 150' then leveled off-the nose then pitched down slightly then back up and the wings rocked a little...." The airplane appeared to "slow down" and looked "floaty". The airplane then "started a slow left bank becoming steeper, then disappeared from view behind a hangar. Approx [approximately] 10 secs [seconds] later a black smoke could be seen rising from the ground. No unusual sound but engine noise was less than normal sound heard from aircraft in same vicinity." According to another witness who is an automobile mechanic and was located across the street from where the airplane crashed, he first heard the engine which sounded like it was missing/stalling, and observed the airplane flying eastbound approximately 100 feet above ground level. He then observed the airplane banking to the left which increased to a wings vertical position. The airplane then descended, crashed into the house, and an explosion and fire occurred 5-10 seconds after the impact. He did not observe any smoke before the accident.

Personnel information

Federal Aviation Administration (FAA) records indicate that the pilot was the holder of a private pilot certificate with a single engine land rating.

Review of a certified copy of the pilot's medical file from the FAA indicated he was issued a third class medical certificate on July 6, 1998. The pilot indicated on the application that he was not taking any medication and his total flight time to date was approximately 350 hours. His previous third class medical certificate was dated June 19, 1996. The application for the 1996 medical indicated he was taking "Paxil 40mg/day", for depression. The pilot was advised by the FAA in August 1996, that "By virtue of your history of depression and present use of disqualifying medication (Paxil), it has been determined that you are not qualified for any class of medical certificate at this time." The pilot's doctor wrote a letter to the FAA dated January 28, 1997, advising that the pilot "...has been off of Paxil since October 30, 1996 and has been doing excellent." The FAA advised the pilot in a letter dated February 14, 1997, that "...you are eligible for a third class medical certificate." The letter also stated, "Because of your history of depression, operation of aircraft is prohibited at any time new symptoms or adverse changes occur or any time medication is required." Copies of excerpts of the pilot's medical file are an attachment to this report.

Review of a copy of the pilot's pilot logbook containing entries from July 30, 1970, to the last entry May 26, unknown year, revealed he had accumulated a total of 251.2 hours. This time is exactly the time listed as the "Total Pilot Time To Date" on the application for a third class medical certificate dated June 19, 1996. No determination was made as to the date of the pilots last biennial flight review.

Aircraft information

The aircraft was registered in the name Rubin & Rubin, P.A., on June 11, 1996.

The airplane was inspected last in accordance with an annual inspection of September 18, 1998, at a tachometer time of 5,658.61 hours. The engine was inspected last in accordance with a 100-hour inspection the same day; the estimated engine total time since major overhaul at that time was 1,851.61 hours. The differential compression check of each cylinder performed during the inspection indicated all cylinders were 73 psi or greater. The engine oil was changed three times since the annual/100-hour inspection, the last time occurring on July 7, 1999. The airplane had accumulated approximately 74 hours at the last oil change since the annual/100-hour inspection. No determination was made how much time the airplane had been operated since the last oil change. The permanent maintenance records were not located. METEOROLOGICAL INFORMATION

A special weather observation taken at the Hollywood North Perry Airport at 1746 indicates the wind was from 190 degrees at 4 knots, 10 statute miles visibility, clear, the temperature and dew point were approximately 82 degrees and 73 degrees Fahrenheit, respectively, and the altimeter setting was 29.89 inHg.

Communications

Transcriptions of communications with the North Perry Air Traffic Control Tower are an attachment to this report.

Wreckage and impact information

The airplane crashed into a house located at 7051 SW 12th Street, which was located at 25 degrees 59.983 minutes North Latitude and 080 degrees 13.729 minutes West Longitude. The house is located in a residential area east of the airport. The distance from the departure end of runway 9R to the house was approximately .3 nautical mile and 071 degrees. Examination of the accident site revealed the airplane impacted the front of the house that faces south adjacent to the southwest bedroom. The left wing of the airplane was on the ground in front of the house and a section of the right wing and left horizontal stabilator were on the roof of the house. The engine with attached propeller, firewall, and instrument panel were found in the southwest bedroom of the house adjacent to the impact location. The airplane was destroyed by impact and post crash fire. No ground scars were noted on the driveway of the house. A vehicle parked in the driveway was destroyed by the postcrash fire,and exhibited slight impact damage by an unknown part of the airplane. The house was impact and fire damaged. Medication (Venlafaxine) was found inside luggage that was recovered from the airplane. Additionally, located in a purse that contained the driver's license of the passenger was a small gold colored pouch that contained three small unburned envelopes each containing a green leafy substance. The envelopes were retained for testing (see Tests and Research section of this report). The airplane was recovered for further examination.

Examination of the airplane wreckage revealed that both wings were nearly consumed by the fire. The left fuel cap was in place, the right fuel cap was not located. The finger screen at the outlet of the left fuel tank was clean. Examination of the fuel cap sealing surface of the right fuel tank revealed corrosion pits. Examination of the fuel cap sealing surface of the left fuel tank revealed slight corrosion. Aileron flight control cable continuity was confirmed. Examination of the rudder control cab

Aircraft

Registration
N754AR
Reported as
Piper PA-28-140
Category
Airplane
Serial number
28-25979
Engine
Lycoming O-320-E2A, 150 horsepower, reciprocating
Damage
Destroyed
Fire
On-Ground
Flight
Personal · Part 91
Operator
Andrew S. Rubin
Registered owner
Rubin & Rubin Pa
Airworthiness certificate
Standard, Normal; Standard, Utility
Last inspection
Annual · September 18, 1998
Departed
HWO
Destination
Spanish Cay, OF
Flight plan
VFR
Airport
HWO · North Perry Airport, runway 9R, 3,000 × 100 ft, asphalt

Matched to the registry by N-number and the event date; the registry’s history has gaps, so older matches can be wrong. Compare the reported make and model.

Flight crew

As NTSB recorded them. NTSB leaves out names.

Role
Pilot
Age
45
Certificate
Private
Airplane ratings
Single-engine land
Medical
Class 3, Unknown
Seat
Left
Toxicology
Performed
Flight hours
350 total

Weather

Conditions
Visual (VMC) · Day
Wind
190° at 4 knots
Visibility
10 statute miles
Lowest ceiling
None
Temperature
82 °F, dew point 73 °F
Altimeter
29.00 inHg
Observed at
HWO, 1 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.