WPR19FA143

The non-certificated pilot departed in his unregistered experimental weight-shift-control light-sport aircraft. While approaching the runway to land, the aircraft entered a steep, descending left turn, the wing impacted a tree, and the aircraft subsequently impacted terrain in a near-vertical attitude. The pilot had no flight training or experience with weight-shift-control aircraft. Examination of the flight controls and engine revealed no mechanical malfunctions or failures that would have precluded normal flight. Toxicology of the pilot revealed the presence of methamphetamine, with blood levels consistent with recent, recreational use. It is likely that the pilot was significantly impaired by the effects of the drug and that this contributed to the loss of control.

On May 11, 2019, at 2030 Pacific daylight time, an unregistered experimental, weight-shift-control light sport TopDog Ultralights aircraft was substantially damaged when it was involved in an accident near Creswell, Oregon. The non-certificated pilot sustained fatal injuries. The aircraft was operated as a Title 14 Code of Federal Regulations Part 91 personal flight. An acquaintance of the pilot was located adjacent to the taxiway, recording the flight on his phone. A review of the video revealed that the pilot departed on runway 34 at 2028. After departure, the pilot made a right turn and briefly continued south until making another right turn. The aircraft crossed over the runway about midfield and the pilot then turned south over the hangars (refer to Figure 1). The aircraft began to descend, and the witness lost visual contact as it disappeared below the hangar roof line. When the aircraft came back into view, it entered a left turn which became steeper, and the entirety of the upper wing surface could be seen. The aircraft briefly disappeared behind a tree, then an orange shape could be seen low in the trees, consistent with the color of the lower wing. Figure 1. Accident Flight Toxicology testing of specimens of the pilot was performed by the Oregon Department of State Police Forensic Laboratory. The report identified methamphetamine at 5.3 mg/L (± 0.5 mg/L) and its primary active metabolite, amphetamine, at 0.49 mg/L (± 0.06 mg/L) in cavity blood. Toxicology testing performed by the FAA’s Forensic Sciences Laboratory identified methamphetamine and amphetamine in a wide variety of tissues, including 4.943 mg/L of methamphetamine and 0.403 of amphetamine in cavity blood. Methamphetamine is a Schedule II controlled substance and is available in low doses by prescription to treat ADHD, ADD, obesity, and narcolepsy. Oral doses typically produce blood levels in the range of 0.02-0.05 mg/L. Levels above 0.20 mg/L indicate recreational use. Recreational users seeking the intense euphoria produced by higher levels typically snort, smoke, or inject the drug and may reach levels above 2.00 mg/L. A review of the Federal Aviation Administration (FAA) database revealed that the pilot held no certifications. The pilot's experience in the accident aircraft could not be determined; review of his cellular phone revealed that his second and fourth flights were on April 28 and May 01, 2019, respectively. An ultralight owner who was based at the airport stated that he had communicated with the accident pilot on numerous occasions. He recalled that the pilot had purchased a small homebuilt aircraft about a year before the accident and performed numerous high-speed taxi tests, but never got the aircraft flying. The pilot "crashed it" and sold the wreckage. He purchased the accident aircraft wing and chassis separately from two different people on Craigslist. To his knowledge, the pilot had no experience assembling a weight-shift-control aircraft and he offeredhis assistance, but the pilot declined. Over a few months, the pilot would send him videos which showed the accident aircraft flying erratically. He advised the pilot that he needed to take flight lessons and offered to inspect the aircraft for him, but the pilot stated that was not needed. The accident site was located on the property of a residence about 900 feet south of the runway. The wreckage was found distributed over a 100-foot distance on a median magnetic bearing of about 226°. Impact marks were consistent with the aircraft impacting the branches of a tree about 80 feet above ground level (agl). The 300 feet between the tree and accident site contained debris consisting primarily of right-wing rib pieces and portions of tree debris. The carriage was fractured in numerous locations. The left shock strut was slightly bowed in and the carriage keel was bent. The keel under the saddle-style fuel tank had broken. There was an impression in the dirt that was square in orientation and red in color, consistent with the most forward area of the carriage keel. The keel nose contained impacted dirt imbedded at least 8 inches into the tubing. The ground scar impressions and areas of fracture were consistent with the trike impacting terrain in a near-vertical attitude, banked slightly left. Examination of the flight controls and engine revealed no mechanical malfunctions or failures that would have precluded normal flight.