# NTSB NYC05LA010: Fairchild 24R-40, N28539, Custar, OH, October 26, 2004

- Type: NTSB accident investigation
- Classification: Accident · Serious injuries · Limited investigation · Final report
- Date: October 26, 2004, 13:55 local (17:55 UTC)
- Place: Custar, OH
- Coordinates: 41.291389, -83.807777
- Nearby events: https://openairdocs.org/map.md?lat=41.2914&lon=-83.8078&mi=10
- Phase of flight: [Takeoff](https://openairdocs.org/ntsb-phases/300) (OpenAirDocs' grouping)
- Highest injury: Serious injuries
- Injuries: 1 serious
- Status: Completed, report June 8, 2005
- Report: Approved by Office Director
- Parties: FAA FSDO-25
- NTSB case key (mKey): 60439
- NTSB case page: https://web.ntsb.gov/investigations/?ntsbnumber=NYC05LA010
- NTSB report (PDF, downloads): https://data.ntsb.gov/carol-repgen/api/Aviation/ReportMain/GenerateNewestReport/60439/pdf
- Page: https://openairdocs.org/ntsb/NYC05LA010

## Probable cause

The pilot's failure to maintain aircraft control during takeoff, which resulted in a collision with terrain.  A factor was a crosswind.

## Sequence of events

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

- Loss of control - in flight, takeoff
  - weather condition - crosswind (contributing factor)
  - aircraft control - not maintained, pilot in command (cause)
- In flight collision with terrain/water, descent - uncontrolled
  - terrain condition - ground

## Analysis

The pilot had his airman and mechanic certificates revoked by the FAA about 2 years prior to the accident.  He intended to sell the airplane, and was in the process of reinstalling the original engine, and bringing the airplane up to specifications.  On the day of the accident, the pilot started the engine and attempted to depart on runway 18, an approximate 1,100-foot long, 25-foot wide, turf runway.  A witness could not see the airplane as it passed behind a barn, but then saw it resting on its right side, off the right side of the runway.  The reported wind about the time of the accident, was from 100 degrees at 8 knots.  Examination of the wreckage did not reveal any pre-impact mechanical malfunctions.

## Factual narrative

On October 26, 2004, about 1355 eastern daylight time, a Fairchild 24R-40, N28539, was substantially damaged during takeoff from a private airstrip in Custar, Ohio.  The non-certificated pilot was seriously injured, and subsequently passed away 42 days later.  Visual meteorological conditions prevailed, and no flight plan was filed for the local personal flight conducted under 14 CFR Part 91.

According to a Federal Aviation Administration (FAA) inspector, the pilot was involved in a forced landing with the same airplane during September 2002.  That investigation revealed that the pilot was flying without a medical certificate, which had been denied approximately 10 years prior.  In addition, the pilot had performed an unauthorized alteration to the airplane by installing a Chevrolet V-8 engine.  Subsequently, his private pilot certificate, airframe and powerplant certificate, and inspector airworthiness certificate were revoked.

The pilot's stepson stated that the pilot had intended to sell the airplane.  The pilot reinstalled the original engine, and was attempting to bring the airplane up to specifications.  On the day of the accident, the stepson heard the engine running, and assumed the pilot was testing it.  The stepson then observed the tailwheel airplane traveling on runway 18, an approximate 1,100-foot long, 25-foot wide, turf runway.  The stepson could not see the airplane as it passed behind a barn, and then saw it resting on its right side, off the right side of the runway.

The reported wind at an airport approximately 20 miles north of the accident site, at 1352, was from 100 degrees at 8 knots.

Examination of the wreckage by an FAA inspector did not reveal any pre-impact mechanical malfunctions.

## Aircraft

- Registration: [N28539](https://openairdocs.org/deregistered/N28539-2012-01-11), registration cancelled 2012-01-11, S/N R40-418, built 1940 (OpenAirDocs)
- Reported make and model: Fairchild 24R-40
- Registry model: [Fairchild 24R-40](https://openairdocs.org/model/fairchild-24r-40) (registry code 3370508) (OpenAirDocs)
- Registry engine: [Fairchild 6-440 series](https://openairdocs.org/engine/fairchild-6-440-series) (registry code 26003, reciprocating) (OpenAirDocs)
- Category: Airplane
- Serial number: R40-418
- Engines: Fairchild 6-440 175 horsepower reciprocating
- Damage: Substantial damage
- Flight: Personal, Part 91
- Registered owner: Paul D. Philo
- Airworthiness certificate: Standard, Utility
- Departed: NONE, Custar, OH
- Airport: NONE, runway 18, 1,100 × 25 ft, grass/turf

## Flight crew

As NTSB recorded them. NTSB leaves out names.

- Pilot; age 80; injuries: serious; medical: expired; seat: left; flight hours: 3,500 total

## Weather

- Conditions: Visual (VMC), Day
- Wind: 100° at 8 knots
- Visibility: 10 statute miles
- Lowest ceiling: none
- Temperature: 68 °F, dew point 46 °F
- Altimeter: 30.17 inHg
- Observed at: TOL, 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 20041026029939A](https://openairdocs.org/incident/20041026029939A), Oct 26, 2004: Frchld 24R40, Custar, OH, Substantial damage, 1 fatal. (-23) Aircraft veered off the rwy to the right on Private airstrip under presumed attempt to take-off striking right wing tip on the ground followed by main…

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.

---
OpenAirDocs.org is an independent research project of [Contrail Labs](https://contraillabs.com/). It is not affiliated with the FAA or the NTSB. Source documents are U.S. government works in the public domain.
