NYC01LA209

NTSB accident investigation · Dominiak Kitfox · Byron, NY · August 11, 2001

Accident · FatalLimited investigationFinal report
Date
August 11, 2001, 14:45 local (18:45 UTC)
Place
Byron, NY
Injuries
2 fatal
Damage
Substantial damage
Phase of flight
Maneuvering
Aircraft
N912WDDominiak Kitfox
Weather
Visual (VMC) · Day
Status
Completed · report January 2, 2002
Report
Approved by Office Director
Parties
FAA/FSDO
FAA report
20010811022809A
Case key
52999

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 pilot's failure to maintain aircraft control. A factor in the accident was the physiological impairment of the pilot due to the consumption of alcohol.

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.

In flight collision with terrain/waterManeuvering
Terrain condition - ground
Aircraft control - not maintainedPilot in commandCause
Impairment(alcohol)Pilot in commandFactor

Analysis

The airplane was circling around a residential area 15 to 20 feet above trees and power lines. While maneuvering, the airplane reached bank angles of approximately 90 degrees, before impacting the ground in a nose low attitude. The pilot had approximately 450 hours of total flight experience, with 30 hours of that being in the accident airplane make and model. In addition, the pilot had flown 22 hours in the accident airplane within 30 days of the accident. Toxicological testing on samples taken from the pilot showed 126 (mg/dL, mg/hg) of Ethanol, 1 (mg/dL, mg/hg) of Acetaldehyde, and 0.452 (ug/ml, ug/g) of Benzoylecgonine in the pilot's blood. In addition, 0.347 (ug/ml, ug/g) of Cocaine, 6.045 (ug/ml, ug/g) Benzoylecgonine, and 0.233 (ug/ml, ug/g) of Cocaethylene was detected in the pilot's urine. Examination of the wreckage revealed no preimpact failures or malfunctions.

Factual narrative

On August 11, 2001, about 1445 eastern daylight time, a homebuilt Kitfox, N912WD, was substantially damaged when it collided with terrain while maneuvering over a residential area in Byron, New York. The certificated private pilot and passenger were fatally injured. Visual meteorological conditions prevailed for the local flight that departed from a private airstrip. No flight plan was filed, and the flight was conducted under 14 CFR Part 91.

According to several witnesses, the airplane was circling around a residential area 15 to 20 feet above trees and power lines. While maneuvering, the airplane reached bank angles of approximately 90 degrees, before impacting the ground in a nose low attitude.

According to the owner of the airplane, the pilot had approximately 450 hours of total flight experience, with 30 hours of that being in the accident airplane make and model. In addition, the pilot had flown 22 hours in the accident airplane within 30 days of the accident.

The Federal Aviation Administration (FAA) Toxicology and Accident Research Laboratory in Oklahoma City, Oklahoma performed a toxicological test, on bile, blood, brain, gastric, heart, kidney, liver, lung, muscle, spinal fluid, spleen, urine, and vitreous samples taken from the pilot. According to the test results, 126 (mg/dL, mg/hg) of Ethanol, 1 (mg/dL, mg/hg) of Acetaldehyde, and 0.452 (ug/ml, ug/g) of Benzoylecgonine was detected in the pilot's blood. In addition, 0.347 (ug/ml, ug/g) of Cocaine, 6.045 (ug/ml, ug/g) Benzoylecgonine, and 0.233 (ug/ml, ug/g) of Cocaethylene was detected in the pilot's urine.

The Medical Examiner's Office for Monroe County conducted a toxicological test on the pilot and passenger. According to the results, the pilot had a blood alcohol content of 0.12 percent (w/v), and the passenger had a blood alcohol content of 0.11 percent (w/v).

According to a FAA inspector, examination of the airframe and engine revealed no preimpact failures or malfunctions.

Aircraft

Registration
N912WD
Reported as
Dominiak Kitfox
Category
Airplane, amateur-built
Serial number
1CV018
Airframe hours
306.9
Engine
Rotax, 80 horsepower, reciprocating
Damage
Substantial damage
Fire
On-Ground
Flight
Personal · Part 91
Registered owner
Hollis Upson
Airworthiness certificate
Special, Experimental (Special)
Last inspection
Annual · January 17, 2001 · 81.4 hours before
Departed
NONE · Stafford, NY

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
37
Injuries
Fatal
Certificate
Private
Airplane ratings
Single-engine land
Medical
Class 3, Invalid Medical for flight
Seat
Left
Toxicology
Performed
Flight hours
450 total · 30 in this make and model

Weather

Conditions
Visual (VMC) · Day
Wind
20° at 8 knots
Visibility
10 statute miles
Lowest ceiling
25,000 ft broken
Temperature
81 °F, dew point 59 °F
Altimeter
30.05 inHg
Observed at
ROC, 20 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.