NTSB Factual Report

On June 10, 1995, at 1208 central daylight time, a Genesis airplane homebuilt by Donald Gene Joy, N8099K, collided with terrain while maneuvering near Kerrville, Texas. The student pilot (owner/operator/builder/distributor) and the pilot rated passenger sustained fatal injuries and the airplane was destroyed. The airplane was being operated as a business flight by Donald G. Joy under Title 14 CFR part 91. The flight originated from Kerrville Municipal Airport at 1200 and a flight plan was not filed. Visual meteorological conditions with winds gusting to 20 knots prevailed in the local area for the demonstration flight.

During interviews, conducted by the Federal Aviation Administration (FAA) inspector, witnesses and local authorities reported the information in this paragraph. The airplane was flown by the owner for several months and on the day of the accident, he was conducting the flight demonstration for a potential sale of the airplane. Witnesses observed the airplane about tree top height above the ground and below the top of the hills as it flew from the east/southeast up the valley. One witness stated that as the airplane approached the hill, where he was working on a house, the airplane "flew uphill straight toward the house and rolled left like a whip roll almost to vertical as the power came up." Another witnesses at the top of the hill, observed the airplane bank and roll "wing over to 90 degrees left with the bottom of the right wing vertical to the ground" as the airplane started down the hill. All the witnesses heard the power increase on the engine and the airplane hit the ground at the bottom of the hill. Witnesses reported winds in the valley were from the east/southeast at 15 knots gusting to 20 knots.

On the enclosed statements and during telephone interviews, conducted by the investigator-in-charge, the potential buyer and another friend of the pilot rated passenger, reported the following information. The intent of the flight was to have the distributor demonstrate the airplane for a potential sale and the pilot rated passenger had "no intent of manipulating the controls." Upon the arrival at Kerrville, Texas, the potential buyer and his friends were met by the distributor who discussed the airplane. According to the potential buyer and the friend, the distributor said that "he would not do any maneuvers below 500 feet above the ground; however, the parachute would save the airplane at 75 feet above the ground."

The potential buyer reported that, during their arrival flight at about 1030, the winds were from the south at 15 knots gusting to 20 knots with light to moderate turbulence 5,500 feet MSL to the surface. When he asked the distributor about how the winds would affect the Genesis, the distributor said "I've gone up many, many times with winds over 30 [knots, with] no problems." During the overview of the airplane, the potential buyer and his friends took turns sitting in the cockpit and the distributor told the pilot rated passenger "you can stay in the left seat, I'll fly from the right." The airplane departed to the west following a takeoff on runway 20 as the winds continued at 15 knots gusting to 20 knots.

The student pilot was granted an exemption to Title 14 CFR Part 103 and held a basic flight instructor designation from the United States Ultralight Association, Inc., of Frederick, Maryland, for instructing in a two place ultralight. He also held a distributorship dba Ultralight Aviation of Texas granted by Innovation Engineering, Inc., manufacturer of the Genesis) of Davenport, Iowa. During telephone interviews, Mr. Chuck Hamilton (general manager) of Innovation Engineering, Inc., stated that a check for FAA pilot certification was "not conducted prior to issuance of the distributorship." A review of the FAA records and the pilot logbook revealed that the distributor held a student pilot certificate issued on February 14, 1994. According to the FAA, to demonstrate an airplane in flight to a prospective buyer, Title 14 CFR Part 61 minimum requirements indicate that the pilot-in-command hold a private pilot certificate and 200 hours of logged flight time.

A review of the student pilot logbook revealed the following total flight times: 44.2 hours in 1983, 33.1 hours in 1992, 12.0 hours in 1994, and 7.1 hours in 1995. The records did not indicate flight time nor a student pilot endorsement for solo flight in the Genesis airplane. According to the FAA, Title 14 CFR Part 61 restricts a student pilot from carrying passengers at any time.

According to the manufacturer and the Federal Aviation Administration (FAA), the Genesis, as constructed, exceeds the ultralight category criteria and therefore requires a FAA registration certificate, a FAA inspection of the airplane and issuance of an FAA airworthiness certificate under Title 14 CFR Part 21. According to the manufacturer, certification data guidelines were supplied to the distributor. A review of FAA records revealed "N8099K" issued as the registration number; however, the "N" number was not painted on the airplane. A search by the FAA did not reveal any documentation of an FAA inspection of the airplane nor any issuance of a FAA airworthiness certificate. Documentation and/or logbooks for the construction of the airplane were never located.

On June 10, 1995, an FAA inspector at the site verified flight control continuity to the cockpit. The tail section was folded forward and the fuselage rested on top of the engine. A separated support tube and attachment brackets were forwarded to the National Transportation Safety Board (NTSB) Material Laboratory at Washington, D.C.

Examination of the support tube and attachment brackets by the NTSB metallurgists (report enclosed) revealed "rough matte fracture features" that are "typical of overstress separation." No evidence of fatigue cracking or other types of defects were noted.

On June 13, 1995, the Rotax 618 S/N 4254189 engine was inspected by FAA inspectors and the engine representative. According to the representative, the aluminum hub installation alignment "marks were not lined up with each other, they were one blade off." One propeller lock nut un-torqued at 75 inch pounds and all other lock nuts at less than 50 inch pounds. The representative stated that the "proper torque is 120 to 130 inch pounds." No mechanical discrepancies, that would have contributed to the accident, were found with the engine, clutch, or accessories. Fuel was found in the fuel lines, fuel pump, and carburetor.

On September 19, 1995, the airplane was examined by an FAA inspector. The serial number on the airplane was verified as #15, which corresponds to the FAA records in Oklahoma City, Oklahoma, for N8099K.

The autopsy was performed by Suzanne E. Dana, M. D., of the Office of the Medical Examiner of Travis County at Austin, Texas. Toxicology test were negative.

The airplane was released to the owner's estate.

NTSB Probable Cause

FAILURE OF THE PILOT TO MAINTAIN ADEQUATE AIRSPEED, WHILE MANUEVERING AT LOW ALTITUDE, WHICH RESULTED IN A STALL AND COLLISION WITH THE TERRAIN. FACTORS RELATING TO THE ACCIDENT WERE: THE UNFAVORABLE WIND, THE PILOT'S OVERCONFIDENCE IN HIS ABILITY, AND HIS LACK OF CERTIFICATION/QUALIFICATION TO PERFORM PASSENGER/DEMONSTRATION FLIGHTS.