NTSB Factual Report

HISTORY OF FLIGHT

On May 30, 2003, at 1105 Pacific daylight time, a Piper PA-44-180, N3060K, collided with trees and terrain while executing an instrument departure from Livermore Municipal Airport, Livermore, California. The airplane was operated by Airline Transport Professionals Corporation of USA under the provisions of 14 CFR Part 91. The certified flight instructor - instrument (CFII) and private pilot under instruction were not injured. The airplane sustained substantial damage to the left wing leading edge, left aileron and left engine nacelle. Instrument meteorological conditions prevailed and an instrument flight plan had been filed. The flight originated at Livermore Municipal Airport.

The CFII told the National Transportation Safety Board investigator that they were executing the Livermore One standard instrument departure (SID) and were initially cleared to 4,000 feet. The CFII responded to an air traffic control (ATC) radio transmission to maintain 2,000 feet msl and a heading of 010 degrees. The airplane was in instrument meteorological conditions. The CFII saw terrain and trees at wing level directly ahead through breaks in the clouds, took control of the airplane, and made a hard climbing right turn. The CFII then reported to ATC that they almost had a collision with terrain and were climbing to 3,000 feet. The ATC controller responded and cleared them to 5,000 feet. After checking for airplane controllability they requested a clearance to Sacramento Executive Airport, Sacramento, California, where they landed uneventfully.

Review of the ATC voice tapes and radar data revealed that the CFII, on the Livermore One departure, checked in at 1,800 feet to the ATC controller, however, the controller did not respond to the call. A few seconds later the CFII read back a clearance to maintain 2,000 feet and a heading of 010 that was intended for another aircraft (N9204C) and was not in accordance with his initial clearance. The controller did not detect the mistaken read back. The radar data shows that N3060K was not visible on the controllers screen during the time between the pilot's initial check in and the collision with terrain. Additional observations regarding the pilot-controller communications show the pilot of N3060K used the abbreviated call sign of 60K when communicating with ATC and the ATC controller's annunciation of call signs were often abbreviated, spoken quickly, and difficult to understand.

WEATHER

The weather conditions recorded by the Livermore Municipal Airport Automated Surface Observation System (ASOS) at 1053 am was: 800 feet overcast, 10 statute miles visibility, and winds from 220 degrees at 6 knots.

ADDITIONAL INFORMATION

The San Francisco Sectional Aeronautical Chart shows the maximum terrain altitude in the area out to 12 miles north of Livermore to be 2,600 feet. The IFR Enroute Low Altitude Chart L-2 shows the minimum enroute altitude for victor airways around Livermore to be 3,000 to 5,000 feet msl. The published Livermore One Departure (LIVR1.ALTAM) does not indicate any minimum safe sector altitudes.

A FAA Facilities Specialist reported that for the area just north of Livermore Municipal Airport aircraft are normally acquired by radar between 2,000 and 3,000 feet msl, with very dependable acquisition 3,000 feet and above.

NTSB Probable Cause

the pilots acceptance of a clearance meant for another aircraft. Contributing to the accident was the failure of departure controller to detect the pilot's incorrect read back and the controllers improper radio technique, which increased the chances of call sign confusion.