NYC08FA260

NTSB accident investigation · Piper PA-23 · Highlands, NC · July 29, 2008

Accident · FatalField investigationFinal report
Date
July 29, 2008, 14:53 local (18:53 UTC)
Place
Highlands, NC
Injuries
2 fatal
Damage
Substantial damage
Phase of flight
Maneuvering
Aircraft
N1180PPiper PA-23
Defining event
Maneuvering: Aircraft structural failure
Weather
Visual (VMC) · Day
Status
Completed · report October 19, 2009
Report
Approved by Office Director
Parties
Lycoming Engines, FAA/FSDO, New Piper Aircraft Company
FAA report
20080729849269A
Case key
68541

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 improper decision to fly into an area of thunderstorms, which resulted in an in-flight breakup. Contributing to the accident was the air traffic controller's failure to comply with FAA directives regarding issuance of precipitation location and intensity information to the pilot.

Findings · 4

NTSB’s coded findings. Those marked are part of the probable cause; the rest are factors or other findings. Under each, the cases with the same finding.

Convective weather: thunderstormEnvironmental issues › Conditions/weather/phenomena · Decision related to conditionPiper PA-23: 1 caseAll aircraft: 100 casesProbable cause
Convective weatherEnvironmental issues › Conditions/weather/phenomena · Availability of related infoPiper PA-23: 1 caseAll aircraft: 17 casesProbable cause
Use of equip/info: use of policy/procedurePersonnel issues › Task performance · ATC personnelPiper PA-23: 2 casesAll aircraft: 191 casesProbable cause

Sequence of events

The events NTSB coded, in order, by phase of flight. The defining event is the one that best describes the accident. Under each, the cases with the same event anywhere in their sequence.

Analysis

The professional airline pilot had just purchased the personal airplane, and the accident flight was his first flight in it. Prior to departing on the instrument flight rules flight, the pilot received a weather briefing which included warnings for severe convective activity. While enroute, the pilot was in contact with air traffic control and indicated he was deviating around weather. The controller initially described the radar-observed precipitation correctly to the pilot. However, when the pilot decided to deviate toward a different area of extreme weather, the controller described it only as "a buildup," which was not in compliance with Federal Aviation Administration directives. By the time the pilot elected to reverse course, the airplane was in the vicinity of extreme-levels of precipitation. A ground witness observed the airplane fly into an area of "dark clouds", and then break apart in-flight. Examination of the airplane revealed no evidence of any pre-impact mechanical anomalies.

Factual narrative

History of flight

On July 29, 2008, at 1453 eastern daylight time, a Piper PA-23, N1180P, was substantially damaged when it impacted terrain in Highlands, North Carolina. The certificated airline transport pilot and the pilot-rated passenger were fatally injured. Visual meteorological conditions prevailed and an instrument flight rules (IFR) flight plan was filed for the flight that departed Bowman Field Airport (LOU), Louisville, Kentucky at 1255, and was destined for Hazlehurst Airport (AZE), Hazlehurst, Georgia. The personal flight was conducted under 14 Code of Federal Regulations Part 91.

According to a friend of the pilot, the pilot recently purchased the airplane, and he and his son were enroute to the pilot's home in Florida on the day of the accident.

Air traffic control (ATC) information provided by the Federal Aviation Administration (FAA), revealed the pilot contacted Atlanta Center at 1823:08, reporting level at 9,000 feet and deviating right of course for weather.

At 1829:40, the controller advised the pilot that, "…I'm showing an area of heavy to extreme precipitation at your twelve o'clock and two zero miles it extends approximately fifteen miles south of that position and it's about fifteen to twenty miles wide." The pilot responded by asking which way the controller thought looked the best to go around it. She replied, "I can't tell which direction it's moving it seems to just be building um I'm not sure what if you want to go around the left or right of it either one would be your choice uh you can proceed let me know which way your going to turn and when your done deviations I can give you a heading for Athens VOR." The pilot acknowledged and stated, "…we'll look at it."

At 1831:26, the pilot advised the controller that he would deviate left of course. The controller approved the deviation and after the pilot completed the deviation he reported a heading of 140 degrees. The controller responded, "…approved as requested as far left as you'd like to go."

At 1837:58, the pilot transmitted, "…looks like if we go east a little bit then uh we can head back south." The controller replied, "…eight zero papa affirmative that's what I'm showing too there's another build up that's uh on your current heading in about fifteen to twenty miles and there's about a twenty mile gap between those two build ups and south of that you'll see another one later on I'll call it when you get closer." The pilot acknowledged and the controller continued, "…when you're clear of that first one your heading for Athens will be one seventy heading."

Four minutes later, the controller asked, "November one one eight zero papa how does that weather look now it looks like you're getting closer to the second build up off your right side. The pilot replied, "it looks like it's a line (unintelligible) I see the hole you were talking about eight zero papa." The controller stated, "eight zero papa roger I couldn't tell if it closed up yet or not do you want to just stay on this heading about another twenty miles there's another there's a really big hole up there." The pilot responded, "…we'll stay on this heading (unintelligible) one uh one zero degree heading."

At 1842:30, the controller stated, "[that will] never put you back over Athens [VOR] you're gonna be too far east for that take a look at your charts and I'll get back to you and give you some other routing that when you're clear of that other weather it'll probably be near the uh Greer Airport almost Greer, South Carolina then it'll be southbound towards destination." The pilot acknowledged.

At 1846:32, the controller provided the anticipated new routing to the pilot, which included maneuvering after he was clear of the weather. The pilot acknowledged and stated he was turning to a heading of 130 degrees. The controller replied, "approved and whenever you're ready I'll have a more direct uh I'll have a more precise heading for that Electric City VOR until you're receiving it."

At 1847:54, the pilot asked, "How does that one three zero heading look for the weather?" The controller stated that it, "…looks like you're skirting the very northern edge of what I show as the heavy precipitation." The pilot's response was unintelligible.

At 1849:28, the pilot transmitted, "…eight zero papa we're going to do a one eighty here," and the controller replied "approved as requested."

Radar data indicated the airplane initiated an approximate 270-degree left turn to a westerly heading.

At 1849:40, the controller advised the pilot, "…that weather is about another seven or eight miles off your right side and then south of that is clear." She continued, "…the weather that I'm showing and the precipitation I'm showing and right off your south is it's about another eight miles wide from what I can tell on my radar and then south of that I show nothing at all."

At 1850:06, the pilot reported, "…we're going to turn to a heading of east right now." The controller responded, "…back to the east is approved and uh let me know when you're ready for a heading for Electric City VOR."

At 1850:49, the pilot transmitted, "eight zero papa is in turbulence right now going back around to three zero zero," and the controller acknowledged.

At 1852:21, the controller asked, "November one one eight zero papa you still having turbulence in that area?" The pilot responded affirmatively, and stated that he was starting to head back to the north. The controller described the situation to the pilot stating, "…it was a really big cell there and you skirted just to the north of it that entire time on that hundred heading and looks like you're still right to the very uh the very edge of it on the northern side."

At 1852:43, the pilot acknowledged the information and stated, "…right now we got a heading of three zero zero." The controller replied, "…roger that heading looks good to clear the weather you'll be clear of it again in about four or five miles it appears." The pilot stated, "yeah we got it on the scope just slightly to our left right now."

Radar data indicated at 1853:09, the airplane began a slight left turn toward a southwesterly heading, at an altitude of 9,800 feet. The airplane continued on that heading for another 57 seconds, until the last target was observed at 1853:56.

At 1855:24, the controller asked, "November one one eight zero papa are you clear of that turbulence and that weather now?"

No further transmissions were received from the pilot.

A witness, who was working construction approximately 150 yards from where the airplane impacted, stated he heard what "sounded like a helicopter when it starts up or shuts down." He then looked up to see an engine depart the airplane and continue to travel with some "upward momentum," in a west/northwest direction. Another section of the aircraft structure fell to the ground near where the witness was standing, and at the same time, he heard the airplane impact in the wooded area across the street.

Another witness observed a storm with "a lot of lightning, wind, and heavy rain," to the south of where he was working in an orchard. He noticed the accident airplane flying toward the storm and then disappear as it flew into the dark clouds. Shortly after, he heard two loud "popping noises," and the airplane reappeared out of the clouds "spiraling straight down…like a stunt plane." The witness observed parts of the airplane break off, and at an altitude of 800 feet, the airplane "went from a spiraling nosedive to flattening off and going around and around" until it impacted the ground.

Personnel information

The pilot held an airline transport pilot certificate with a rating for airplane multiengine land. He also held a flight instructor certificate with ratings for airplane single and multiengine and instrument airplane. His most recent FAA first-class medical certificate was issued on Ju

Aircraft

Registration
N1180P
Reported as
Piper PA-23
Category
Airplane
Serial number
23-194
Airframe hours
2,588
Engines
Lycoming O-320 SERIES, 180 horsepower, reciprocatingLycoming O-320 SERIES, 180 horsepower, reciprocating
Damage
Substantial damage
Flight
Personal · Part 91
Operator
Duane Moorer
Registered owner
Midwest Atlantic Inc.
Airworthiness certificate
Standard, Normal
Last inspection
100 hour · March 8, 2008
Departed
LOU · Louisville, KY
Destination
AZE · Hazlehurst, GA
Flight plan
IFR

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
49
Injuries
Fatal
Certificates
Flight engineer, Airline transport, Flight instructor
Airplane ratings
Multi-engine land, Single-engine land
Instrument ratings
Airplane
Medical
Class 1, With waivers/limitations
Seat
Right
Toxicology
Performed
Flight hours
11,920 total

Weather

Conditions
Visual (VMC) · Day
Wind
10° at 5 knots
Visibility
10 statute miles
Lowest ceiling
7,500 ft broken
Temperature
77 °F, dew point 72 °F
Altimeter
30.01 inHg
Observed at
AVL, 47 nm away

Docket · 17

The files NTSB released with the investigation on June 23, 2009, on NTSB’s docket system: statements, records, photos and specialists’ reports.

FAA reports on this event · 1

The FAA’s own accident and incident reports, matched to the aircraft by N-number and date.