# NTSB NYC01LA209: Dominiak Kitfox, N912WD, Byron, NY, August 11, 2001

- Type: NTSB accident investigation
- Classification: Accident · Fatal · Limited investigation · Final report
- Date: August 11, 2001, 14:45 local (18:45 UTC)
- Place: Byron, NY
- Coordinates: 43.070751, -78.060234 (estimated)
- Nearby events: https://openairdocs.org/map.md?lat=43.0708&lon=-78.0602&mi=10
- Phase of flight: [Maneuvering](https://openairdocs.org/ntsb-phases/450) (OpenAirDocs' grouping)
- Highest injury: Fatal
- Injuries: 2 fatal
- Status: Completed, report January 2, 2002
- Report: Approved by Office Director
- Parties: FAA/FSDO
- NTSB case key (mKey): 52999
- NTSB case page: https://web.ntsb.gov/investigations/?ntsbnumber=NYC01LA209
- NTSB report (PDF, downloads): https://data.ntsb.gov/carol-repgen/api/Aviation/ReportMain/GenerateNewestReport/52999/pdf
- Page: https://openairdocs.org/ntsb/NYC01LA209

## 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

In NTSB's coding before 2008 (https://www.ntsb.gov/GILS/Documents/codman.pdf).

- In flight collision with terrain/water, maneuvering
  - terrain condition - ground
  - aircraft control - not maintained, pilot in command (cause)
  - impairment(alcohol), pilot in command (contributing factor)

## 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](https://openairdocs.org/deregistered/N912WD-2002-01-24), registration cancelled 2002-01-24, S/N ICV018, built 1997 (OpenAirDocs)
- Reported make and model: Dominiak Kitfox
- Registry model: [Dominiak William P KITFOX VIXEN](https://openairdocs.org/model/dominiak-william-p-kitfox-vixen) (registry code 05605G2) (OpenAirDocs)
- Registry engine: [Bombardier ROTAX (ALL)](https://openairdocs.org/engine/bombardier-rotax-all) (registry code 09050, reciprocating) (OpenAirDocs)
- Category: Airplane, amateur-built
- Serial number: 1CV018
- Airframe hours: 306.9
- Engines: 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

## Flight crew

As NTSB recorded them. NTSB leaves out names.

- Pilot; age 37; injuries: fatal; 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 (OpenAirDocs).

- [Accident 20010811022809A](https://openairdocs.org/incident/20010811022809A), Aug 11, 2001: Byron, NY, No damage. (-23) On August 11, 2001, at approximately 1530 local, Kitfox vixen, N912WD crashed in a field in Byron, new york. At the time of the accident, the aircraft…

From the NTSB's public API. Aircraft are matched to registry aircraft by N-number and event date, checked against the reported serial number, make and model; the registry's history has gaps, so older matches can be wrong. Compare the reported make and model.

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