NTSB Factual Report

On December 14, 2005, about 1200 eastern standard time, a Piper PA-46-310P (Malibu), N302H, and a Smith Aerostar 601P, N1WZ, sustained substantial damage while both airplanes were landing at Dunkirk Airport (DKK), Dunkirk, New York. The certificated airline transport pilot and two passengers onboard the Piper Malibu, and the certificated private pilot onboard the Aerostar, were not injured. Visual meteorological conditions prevailed at the time of the accident. An instrument flight rules (IFR) flight plan was filed for the Malibu, which originated from West Chester, Pennsylvania. No flight plan was filed for the Aerostar, which originated from Jamestown, New York. Both personal flights were conducted under 14 CFR Part 91.

According to a Federal Aviation Administration (FAA) inspector, the Piper Malibu was landing on runway 6, a 5,000-foot-long, 100-foot-wide, asphalt runway. The Aerostar was landing on runway 15, a 4,000-foot-long, 100-foot-wide, asphalt runway. The right wing of each airplane made contact at the runway intersection, and both right wings sustained substantial damage.

The pilot of the Aerostar stated that approximately 6 miles from the airport, he contacted the Dunkirk Unicom on 123.075 MHz, and was told the wind was favoring runway 15, which was the active runway. The pilot of the Aerostar flew a left traffic pattern for runway 15, radioed position reports, and monitored a Cessna that was also in the traffic pattern for runway 15. The pilot of the Aerostar did not see any other traffic, and after landing on runway 15, a Piper Malibu approached from the right and struck the Aerostar. The pilot of the Aerostar stated that 123.075 MHz had been the Unicom frequency for longer than one year, and the old frequency was 122.80 MHz. The pilot of the Aerostar further stated that the pilot of the Piper Malibu obtained the old frequency from his global positioning system, rather than referring to current charts.

The FAA inspector noted that although the pilot of the Piper Malibu was traveling with expired approach charts, the correct and current frequency was listed on those charts.

The pilot of the Piper Malibu stated that he was on an IFR flight plan, and in radio contact with Buffalo Approach. About 15 miles from Dunkirk Airport, Buffalo Approach did not observe any local traffic on radar, and told the pilot to switch to "advisory." The pilot of the Piper Malibu terminated services and reported a 9-mile final for runway 6, on 122.80 MHz. He did not observe any other traffic, and during the landing roll, the Aerostar approached from the left and struck the Piper Malibu.

Several witnesses, including the pilot of the Cessna in the traffic pattern for runway 15, heard the pilot of the Aerostar make radio transmissions while in the traffic pattern for runway 15. None of the witnesses heard the pilot of the Piper Malibu make any radio transmissions while landing on runway 6.

The reported weather at DKK, at 1153, was: wind from 130 degrees at 11 knots; visibility 10 miles; sky clear; temperature 21 degrees F; dew point 1 degree F; altimeter 30.36 inches Hg.

NTSB Probable Cause

The Piper Malibu pilot's failure to use the correct radio frequency for traffic advisories, and his selection of the wrong, inactive runway, which resulted in an on-ground collision with another airplane while landing.