NYC96FA192

The pilot took off from an uncontrolled airport. He attempted to obtain an IFR clearance and reported that he was VFR at 3,500 feet. While air traffic control personnel were locating the flight plan and coordinating the IFR clearance, they lost radio contact with the pilot. The pilot continued to fly towards his destination, transiting rising mountainous terrain which was partially obscured by clouds. Wreckage was located about 28 nautical miles from the departure airport, at the 4,050-foot level. There was no evidence of mechanical failure or malfunction. According to FAR Part 91.3, the pilot had the ultimate authority for the operation of the airplane, and in the case of an in-flight emergency, had the authority to deviate from flight rules "to the extent required to meet that emergency." According to the AIM, an emergency could be either "a distress or an urgency condition." An urgency condition would exist "the moment the pilot becomes doubtful about position...weather, or any other condition that could adversely affect flight safety." Under FAR Part 91.3, the pilot would have been authorized to climb the airplane under IFR conditions, even if he were to enter controlled airspace.

History of flight

On November 28, 1995, about 0940 eastern standard time (EST), a Cessna 414, N28901, was destroyed when it impacted rising terrain in the Monongahela National Forest, near Marlinton, West Virginia. The certificated airline transport pilot was fatally injured. Instrument meteorological conditions prevailed. An instrument flight rules (IFR) flight plan had been filed for a direct flight, between Braxton County Airport (48I), Sutton, West Virginia, and Lynchburg Regional Airport/Preston Glenn Field (LYH), Lynchburg, Virginia. The positioning flight was conducted under FAR Part 91. The airplane's wreckage was located on November 13, 2001.

The accident flight was the third flight of the day. The first was a positioning flight from Lynchburg to Raleigh-Durham International Airport (RDU), Raleigh, North Carolina, the second was to transport a passenger from Raleigh to Sutton, and the third was a return flight to Lynchburg.

According to the Federal Aviation Administration (FAA) air traffic control accident transcripts and reports:

At 0618, the day of the accident, the pilot contacted the Leesburg Automated Flight Service Station (AFSS) by telephone, obtained a weather briefing, and filed three IFR flight plans.

About 0930, the airplane departed Braxton County Airport.

At 0932, the pilot contacted the air traffic control tower at Clarksburg, West Virginia, stated that he had taken off from Braxton County, was VFR and level at 3,500 feet, and requested an IFR clearance. The pilot was told that his clearance was on request, and was asked what his proposed off-time was. The pilot stated 1930 (GMT, 1430 EST).

At 0933, the pilot corrected his proposed off-time time to 1430 (GMT, 0930 EST). He was then advised that no flight plan was stored, and was asked where he was heading. The pilot stated that he was heading 145 degrees. Clarksburg personnel contacted Charleston, West Virginia, air traffic control personnel to see if an IFR flight plan had been stored in the Indianapolis Center computer. Charleston personnel advised that nothing for the airplane had been stored.

At 0934, the pilot was asked if he had filed a flight plan with the Elkins AFSS. The pilot stated that he had filed his flight plan with the Raleigh-Durham AFSS, with a destination of Lynchburg. The pilot also stated that he was having trouble hearing, and was switched to another frequency for better reception. The pilot reestablished contact with the controller, and requested direct to Lynchburg at 7,000 feet.

At 0934:48, the Clarksburg controller contacted a Washington Center controller and asked, "can you check in your computer for a proposal for november two eight niner zero one?"

At 0934:56, the Washington Center controller reported, "okay, i've got one."

At 0934:57, the Clarksburg controller responded, "oh, so you do have one?"

At 0934:58, the Washington Center controller answered, "yes, q number six eighty seven," then asked why.

At 0935:03, the Clarksburg controller stated, "he's in the air v-f-r. in fact, he's in your airspace now, thirty five hundred feet thirty southwest of elkins. we can't get a flight plan on him. we'd like to turn him over to you v-f-r and you give him the clearance."

At 0935:14, the Washington Center controller answered, "yeah, we can do that."

At 0935:15, the Clarksburg controller thanked him, and shortly thereafter, told the pilot to contact Washington Center to receive his IFR clearance. The pilot acknowledged the frequency change.

At 0935:39, the pilot contacted Washington Center and reported being VFR at 3,500 feet, and requested IFR to Lynchburg. The pilot was issued an Elkins altimeter setting of 30.00 and a transponder code of 7036.

At 0936:09, the pilot called a second time. The controller asked twice how the pilot heard him, and the pilot responded after the second call with, "barely readable if that's washington. it's barely readable on twenty eight six, niner zero one."

At 0936:34, the controller told the pilot to "squawk seven zero three six, seven zero three six."

At 0936:40, the pilot responded with, "seven zero three (unintelligible)"

At 0938:14, the pilot asked the Washington Center, "do you have a clearance for ah, niner zero one?"

At 0938:22, the controller responded with, "november two eight niner zero one, squawk seven zero three six and ident now please."

At 0938:26, the pilot responded with, "(unintelligible) three six ident nine zero one."

At 0938:44, the controller asked the pilot what altitude he was leaving.

At 0939:03, the controller again asked the pilot for his altitude.

At 0941:33, the controller asked the pilot, "how do you read?"

At 0943:19, the controller reported to the Clarksburg controller, "i heard him call and ah, i never saw him and ah, i don't see him now. do you have any clue where he's at out there?"

At 0943:31, the Clarksburg controller asked, "okay, he didn't call you back?"

At 0943:33, the Washington Center controller answered, "no, he did not. he was direct lynchburg, that's where he was heading, looking for the i-f-r. he was at thirty five hundred is where i lost him."

Clarksburg air traffic control personnel also reported that about 0936, they observed a VFR transponder code, approximately 15 miles southeast of Sutton, at 3,500 feet msl, on a heading of 145 degrees. A letter by an FAA inspector, dated December 4, 1995, reported the position as 38 degrees, 30 minutes north latitude, 80 degrees, 30 minutes west longitude.

A witness in the vicinity of Webster Springs, West Virginia, which was located along the flight planned route, about 18 nautical miles southeast of Sutton, reported seeing an airplane flying at low altitude in foggy weather conditions. Additional witness sightings in the vicinity were confirmed by the director of the county emergency operations center.

The accident occurred during the hours of daylight, and the initial tree impact marks were at 38 degrees, 20.09 minutes north latitude, 80 degrees, 16.83 minutes west longitude.

Personnel information

The pilot held an airline transport pilot certificate with single engine and multiengine land ratings, and an instrument rating. He also held a flight instructor certificate for single and multi-engine airplanes, and instrument airplane. His latest FAA first class medical certificate was issued July 14, 1995. At that time, he reported 4,850 hours of flight time.

Aircraft information

The Cessna 414, serial number 414-0353, was equipped with two Continental TSIO-520-NB1B engines. According to the airplane's logbook, the airplane had accumulated over 3,378 hours of flight time as of October 5, 1995, the date of the last 100-hour inspection.

Meteorological information

The 0945 surface weather observation for Greenbrier Valley Airport (LWB), Lewisburg, West Virginia, included a 900-foot broken layer; visibility 5 statute miles in fog; temperature 44 degrees Fahrenheit (F); dew point 39 degrees F; winds from 270 degrees at 5 knots; and an altimeter setting of 30.03 inches Hg.

The Greenbrier Valley Airport elevation was 2,302 feet msl. The airport was about 30 nautical miles south of the accident site.

The 0952 surface weather observation at Elkins-Randolph County-Jennings Randolph Field (EKN), Elkins, West Virginia, included a 2,200-foot overcast with a visibility of 10-statute-miles, winds from 240 degrees at 9, gusting to 15 knots, and an altimeter setting of 30.01 inches Hg.

The Elkins Airport elevation was 1,987 feet msl. The airport was located about 38 nautical miles north northeast of the accident site.

The Leesburg AFSS weather briefing included flight precautions for Virginia and West Virginia, for occasional mountain obscuration in clouds and precipitation through 1600, and occasional moderate turbulence below 10,000 feet.

Airport information

Braxton County Ai