# NTSB NYC89FA095: Piper PA-28, N5348S, Douglas Twsp, PA, March 5, 1989

- Type: NTSB accident investigation
- Classification: Accident · Fatal · Field investigation · Final report
- Date: March 5, 1989, 04:00 local (09:00 UTC)
- Place: Douglas Twsp, PA
- Coordinates: 40.259559, -75.739425 (estimated)
- Nearby events: https://openairdocs.org/map.md?lat=40.2596&lon=-75.7394&mi=10
- Phase of flight: [Takeoff](https://openairdocs.org/ntsb-phases/300) (OpenAirDocs' grouping)
- Highest injury: Fatal
- Injuries: 1 fatal, 1 minor
- Status: Completed, report July 23, 1991
- Report: Approved by Office Director
- NTSB case key (mKey): 36275
- NTSB case page: https://web.ntsb.gov/investigations/?ntsbnumber=NYC89FA095
- NTSB report (PDF, downloads): https://data.ntsb.gov/carol-repgen/api/Aviation/ReportMain/GenerateNewestReport/36275/pdf
- Page: https://openairdocs.org/ntsb/NYC89FA095

## Probable cause

POOR JUDGEMENT OF THE STUDENT PILOT BY FLYING WHILE UNDER THE INFLUENCE OF ALCOHOL, AND HIS VFR FLIGHT IN INSTRUMENT METEOROLOGICAL CONDITIONS (IMC) WITHOUT THE REQUIRED QUALIFICATION OR TRAINING.  FACTORS FACTORS RELATED TO THE ACCIDENT WERE:  FAILURE OF THE STUDENT PILOT TO FOLLOW PROCEDURES AND DIRECTIVES, HIS LACK OF INSTRUMENT TRAINING, DARK NIGHT, ADVERSE WEATHER CONDITIONS, RISING TERRAIN, TREES, AND FAILURE OF THE PASSENGER TO USE A SEAT BELT.

## Sequence of events

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

- In flight encounter with weather, takeoff
  - judgment - poor, pilot in command (cause)
  - impairment(alcohol), pilot in command (cause)
  - procedures/directives - not followed, pilot in command (contributing factor)
  - stolen aircraft/unauthorized use
  - light condition - dark night (contributing factor)
  - weather condition - low ceiling (contributing factor)
  - weather condition - fog (contributing factor)
  - weather condition - rain (contributing factor)
  - weather condition - obscuration (contributing factor)
  - vfr flight into imc - initiated, pilot in command (cause)
  - inadequate training, pilot in command (contributing factor)
  - lack of total instrument time, pilot in command (contributing factor)
- In flight collision with object, maneuvering
  - terrain condition - rising (contributing factor)
  - object - tree(s) (contributing factor)
  - seat belt - not used, passenger (contributing factor)

## Analysis

A STUDENT PLT & PASSENGER TOOK OFF AT NIGHT IN IMC CONDITIONS WITH LOW CEILINGS, FOG & RAIN. A WITNESS, WHO SAW THE ACFT FLY OVERHEAD, VERIFIED THE CEILING WAS VERY LOW & THAT RAIN WAS FALLING, SOMETIMES HEAVILY. SUBSEQUENTLY, THE ACFT CRASHED ABOUT 2 MI FROM THE ARPT AS IT FLEW INTO TREES ON ABOUT 5 DEG RISING TERRAIN. THE PASSENGER WAS FATALLY INJURED, BUT THE PLT WALKED TO A ROADWAY & WAS HELPED. THE ACFT WAS OWNED BY THE STUDENT PLT'S FATHER, WHO SAID HE TOOK IT WITHOUT PERMISSION. BEFORE FLYING, BOTH OCCUPANTS OF THE ACFT WERE SEEN CONSUMING ALCOHOLIC BEVERAGES. FOUR HRS AFTER THE ACDNT, BLOOD WAS DRAWN FROM THE PLT. A TOXICOLOGY CHECK SHOWED IT HAD AN ALCOHOL LEVEL OF 0.075% (75 MG/DL). A CHECK OF THE PASSENGER'S BLOOD SHOWED AN ALCOHOL LEVEL OF 0.085% (85 MG/DL). POLICE RPRTD THE PASSENGER WAS NOT WEARING A SEAT BELT.

## Aircraft

- Registration: [N5348S](https://openairdocs.org/deregistered/N5348S-1991-06-04), registration cancelled 1991-06-04, S/N 2826770 (OpenAirDocs)
- Reported make and model: PIPER PA-28
- Registry model: [Piper PA-28-140](https://openairdocs.org/model/piper-pa-28-140) (registry code 7102802) (OpenAirDocs)
- Category: Airplane
- Serial number: 28-26770
- Airframe hours: 2719
- Engines: LYCOMING O-320-E2A 150 horsepower reciprocating
- Damage: Destroyed
- Flight: Personal, Part 91
- Operator: Thomas V. Davis
- Registered owner: James V. Davis
- Airworthiness certificate: Standard, Utility; Standard, Normal
- Last inspection: Annual, March 16, 1988, 97 hours before
- Departed: N47, POTTSTOWN, PA
- Airport: N47, Pottstown Muni

## Flight crew

As NTSB recorded them. NTSB leaves out names.

- Pilot; age 31; student; medical: class 3, valid medical--no waivers/lim.; seat: left; toxicology performed; flight hours: 23 total

## Weather

- Conditions: Instrument (IMC), Night/dark
- Wind: 70° at 4 knots
- Temperature: 36 °F, dew point 28 °F
- Altimeter: 30.00 inHg
- Observed at: NXX, 26 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 19890305002999A](https://openairdocs.org/incident/19890305002999A), Mar 5, 1989: Piper PA28140, Pottstown, PA, Destroyed, 1 fatal. Student pilot and passenger took off into near zero conditions and dark night. Crashed into trees.

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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