WPR23LA077

NTSB accident investigation · Beech V35B · Livermore, CA · December 25, 2022

Accident · Serious injuriesClass 3 · LimitedFinal report
Date
December 24, 2022, 16:53 local (Dec 25, 2022, 00:53 UTC)
Place
Livermore, CA
Injuries
1 serious
Damage
Substantial damage
Phase of flight
Initial climb
Aircraft
N65YBeech V35B
Defining event
Initial climb: Fuel starvation
Weather
Visual (VMC) · Dusk
Status
Completed
Report
Approved by Office Director
Investigation class
Class 3
NTSB office
Western Pacific Region
Parties
Federal Aviation Administration
FAA report
20221224022489A
Case key
106499

From the NTSB’s public API. By law, NTSB reports can’t be used as evidence in lawsuits over the accident.

On this page

Probable cause

The pilot’s inadvertent use of the mixture control instead of the throttle, which resulted in fuel starvation and the subsequent loss of engine power.

Findings · 2

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.

Use of equip/info: use of equip/systemPersonnel issues › Task performance · PilotBeech V35B: 7 casesAll aircraft: 1,391 casesProbable cause
Engine controls: mixture controlAircraft › Aircraft power plant · Unintentional use/operationBeech V35B: 2 casesAll aircraft: 41 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 pilot planned on remaining in the traffic pattern for night flight. Shortly after takeoff, while on the upwind leg of the traffic pattern, the cabin door opened; the pilot stated that he slowed the airplane by using the throttle. He added that it was dark and that he could not see the instruments, but he could see the engine control knobs. The pilot realized the airplane was descending toward a building when he heard the tower controller say “climb, climb, climb.” The pilot then “pushed the throttle in.” The airplane continued to descend and impacted a building. Additionally, the pilot added that due to the dark conditions, he may have mistakenly pulled the mixture control knob to slow the airplane down instead of using the throttle. Postaccident examination of the airframe and engine revealed no evidence of mechanical malfunctions or failures that would have precluded normal operation. Continuity of the throttle, propeller, and mixture controls was established from the cockpit to their respective control arms. Examination of the throttle revealed the throttle knob was about 1 inch from full forward, the mixture control was about 2 inches from full forward, and the propeller controller lever was about ½ inch from full forward. The pilot likely inadvertently manipulated the mixture to a lean position instead of the pulling back on the throttle, which resulted in the reduction of engine power.

Factual narrative

On December 24, 2022, about 1653 Pacific standard time, a Beech V35B, N65Y, was substantially damaged when it was involved in an accident near Livermore Municipal Airport (LVK), Livermore, California. The pilot was seriously injured. The airplane was operated as a Title 14 Code of Federal Regulations Part 91 personal flight. The pilot reported that he departed runway 7L at LVK with the intention of remaining within the airport traffic pattern. While on the upwind leg of the traffic pattern, the cabin door opened, and he slowed the airplane down “using the throttle.” He stated that due to the wind noise, he could not hear the tower controller well and that he could not see the instruments but could see the engine control knobs. The pilot then heard the tower controller say “climb, climb, climb,” and at that time, the pilot realized the airplane was descending toward a building. The pilot stated that he “pushed the throttle in” but the airplane continued to descend and impacted a building. The pilot added that he usually takes off with the mixture full rich, the propeller full forward, and the throttle at full. When he slowed the airplane, he “slowed it with the throttle.” Due to the dark conditions, he could not be sure if he mistakenly pulled the mixture control knob to slow the airplane down. A witness, located near the accident site, reported that they heard the accident airplane’s engine sputtering as it passed by his location, followed by the sound of the airplane impacting a building. Examination of the recovered wreckage revealed no preaccident mechanical malfunctions or failures with the airplane that would have precluded normal operation. Fuel expelled from various fuel lines when they were removed. The engine-driven fuel pump was removed, and the drive shaft was found intact. The fuel pump drive shaft rotated freely by hand. The fuel pump was disassembled and found to be unremarkable. Continuity of the throttle, propeller, and mixture controls was established from the cockpit to their respective control arms and moved from stop to stop by hand. Examination of the engine controls in the cockpit revealed the throttle knob was about 1 inch from full forward, the mixture was about 2 inches from full forward, and the propeller lever was about 1/2 inch from full forward.

Aircraft

Registration
N65Y
Reported as
Beech V35B
Category
Airplane
Serial number
D-10080
Built
1977
Engine
Continental Motors IO-520-BA, reciprocating
Damage
Substantial damage
Flight
Personal · Part 91
Airworthiness certificate
Standard, Normal
Airport
LVK · Livermore Municipal Airport, runway 7L, 5,253 × 100 ft, asphalt

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
79
Injuries
Serious
Certificate
Commercial
Airplane ratings
Single-engine land
Instrument ratings
Airplane
Medical
BasicMed
Seat
Left

Weather

Conditions
Visual (VMC) · Dusk
Wind
80° at 8 knots
Visibility
10 statute miles
Lowest ceiling
None
Temperature
54 °F, dew point 45 °F
Altimeter
30.34 inHg
Observed at
KLVK, 1 nm away
METAR
METAR KLVK 250053Z 08008KT 10SM HZ CLR 12/07 A3034 RMK AO2 SLP273 T01220072=

Docket · 5

The files NTSB released with the investigation on January 14, 2025, on NTSB’s docket system: statements, records, photos and specialists’ reports. 2.7 MB in all.

FAA reports on this event · 1

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