NTSB Factual Report

HISTORY OF FLIGHT

On December 9, 2003, at 1756 central standard time, a Piper PA-28-140 single-engine airplane, N98287, was destroyed when it impacted the terrain following a loss of control during final approach to the Livingston Municipal Airport (00R), near Livingston, Texas. The private pilot sustained fatal injuries and the student pilot-rated passenger sustained serious injuries. The airplane was owned and operated by the pilot and passenger. Dark night visual meteorological conditions prevailed, and a flight plan was not filed for the 14 Code of Federal Regulations Part 91 personal flight. The flight departed the Cleveland Municipal Airport, near Cleveland, Texas, approximately 1730, and was destined for the Livingston Municipal Airport.

According to a Federal Aviation Administration (FAA) Quality Assurance specialist, the radar data indicated the airplane departed Cleveland Municipal Airport, and the first radar return was recorded at 1738, at an altitude of 900 feet. The specialist stated the airplane continued in a northerly direction toward Livingston, and no unusual deviations or altitude changes were noted. The last radar return was recorded at 1746, at an altitude of 2,800 feet, approximately 10 nautical miles south of 00R. There were no communications between air traffic control and the accident airplane. The Cleveland Municipal Airport is approximately 20 nautical miles south of 00R.

A witness, who was located in his residence at the time of the accident, stated the airplane appeared to be on approach to the airport; however, the airplane was "extremely low, and [the airplanes] never fly that low." The witness first observed the airplane flying toward his home over the tree line on his property, when "it seemed like the wind picked [the airplane] up over the house." Subsequently, the airplane impacted a tree on his neighbor's property and came to rest in the backyard of an adjacent property. The witness stated the airplane's landing light, navigation lights, and beacon light were illuminated.

Another witness, who was a resident of the property where the airplane came to rest, reported hearing a loud noise coming from the backyard. The witness initially thought the wind had caused a tree or something to hit power lines, and a transformer went out.

Another witness stated he "heard a roar (like an engine) and then the sound of limbs crashing and then a loud crash. There had been strong winds."

Several other people reported hearing a loud crashing noise followed by a loss of electrical power to their residences.

PERSONNEL INFORMATION

The private pilot, who was seated in the right seat, was issued his private pilot certificate on September 10, 2001. The private pilot was issued a second class medical certificate on March 30, 2001, with no limitations or restrictions. A review of the private pilot's logbook revealed that he accumulated approximately 73 total flight hours. The pilot had logged 32.8 hours as pilot in command, 15.2 hours in the accident airplane, and 3 hours of night flying. In the preceding 90 days, the pilot had logged 15.2 hours of flight time, and in the preceding 30 days, he had logged 4 hours of flight time. The pilot's most recent logged night flight was conducted on August 26, 2001, in a Cessna 172 airplane.

The student pilot, who was seated in the left seat, was issued his student pilot and third class medical certificate on September 30, 2003. The medical certificate had the following restriction, "Must wear corrective lenses." A review of the student pilot's logbook revealed that he accumulated approximately 21 total flight hours, 1.5 flight hours as a solo pilot, and 0 flight hours at night. All of the student pilot's flight hours were in the accident airplane.

AIRCRAFT INFORMATION

The 1969-model PA-28-140, serial number 28-26147, was a single-engine low wing, fixed landing gear, semi-monocoque design airplane. The airplane was powered by a four cylinder, air cooled, horizontally opposed, normally aspirated Lycoming O-320-E2A engine, rated at 150 horsepower. The airplane was configured to carry a maximum of four occupants.

The airplane was issued a standard airworthiness certificate on July 15, 1969, and was certificated for normal category operations. The airplane's current registration was issued on December 6, 2003. A review of the airframe logbooks revealed that the airframe underwent an annual inspection on April 9, 2003, at a total airframe time of 4,265.6 hours. A review of the engine logbook revealed that the engine underwent an annual inspection on April 9, 2003, at a total engine time of 4,265.6 hours and 1,829 hours since major overhaul, and 387.5 since top overhaul.

METEOROLOGICAL INFORMATION

According to the Polk County Sheriff's Department, on the day of the accident, the Trinity River Authority personnel and the sheriff's department Captain had taken wind readings to monitor high wind and wave activity on a nearby lake. The wind monitor was located at the Trinity River Authority Office, approximately 1 mile south of the accident site. At 1750, the wind monitor indicated the following readings: current wind of 42 mph, average wind (calculated every 15 minutes) of 44 mph, maximum wind of 52 mph, and a wind direction of approximately 355 degrees.

At 1753, the Huntsville Airport, Huntsville, Texas, automated surface observing system (ASOS), located approximately 40 miles west of the accident site, reported the wind was from 320 degrees at 15 knots, gusting to 22 knots, visibility of 10 statute miles, sky clear, temperature 55 degrees Fahrenheit, dew point 33 degrees Fahrenheit, and an altimeter setting of 29.88 inches of mercury. A peak wind from 310 degrees at 28 knots was recorded at 1733.

At 1753, the George Bush Intercontinental Airport, Houston, Texas, ASOS, located approximately 45 miles south-southwest of the accident site, reported the wind was from 300 degrees at 19 knots, gusting to 27 knots, visibility of 10 statute miles, scattered clouds at 25,000 feet, temperature 64 degrees Fahrenheit, dew point 34 degrees Fahrenheit, and an altimeter setting of 29.83 inches of mercury. A peak wind from 290 degrees at 27 knots was recorded at 1752.

At 1753, the Lufkin Angelina County Airport, Lufkin, Texas, ASOS, located approximately 35 miles north-northeast of the accident site, reported the wind was from 290 degrees at 20 knots, gusting to 30 knots, visibility of 10 statute miles, sky clear, temperature 55 degrees Fahrenheit, dew point 37 degrees Fahrenheit, and an altimeter setting of 29.81 inches of mercury. A peak wind from 280 degrees at 30 knots was recorded at 1748.

The U.S. Naval Observatory reported that the moonrise on the night of the accident for Livingston, Texas, was at 1757.

AERODROME INFORMATION

The Livingston Municipal Airport is a public uncontrolled airport located 5 miles southwest of Livingston, Texas, at 30 degrees 41 minutes north latitude, and 095 degrees 01 minutes west longitude, at a surveyed elevation of 151 feet. The airport features a single asphalt runway, runway 12/30, which is 3,700 feet in length and 60 feet in width. Runway 30 has 80-foot trees, approximately 1,200 feet from the runway, listed as an obstruction. The runway is equipped with medium intensity edge lights which operate from dusk until dawn.

WRECKAGE AND IMPACT INFORMATION

The accident site was located approximately 2,600 feet southeast of the approach end to runway 30 at the Livingston Municipal Airport. The airplane's right wing impacted a tree, and the airplane struck power lines, a fence, and came to rest upright in the backyard of a residence. The main wreckage was located at 30 degrees 40.62 minutes North latitude, 95 degrees 00.46 minutes West longitude, and came to rest on a measured magnetic heading of 255 degrees, at an elevation of approximately 150 feet. The main wreckage consisted of the left wing, the inboard section of the right wing, the fuselage, and the empennage.

Examination of the wreckage revealed the outboard 4 feet of the right wing was separated and came to rest adjacent to and beneath the tree the airplane impacted. The tree was approximately 75 feet tall and approximately 200 feet from the main wreckage. The inboard right wing was separated at the fuselage attach point and came to rest entangled in an electrical pole guy wire near the main wreckage. The leading edge was crushed aft and the main spar was bent aft. The flap was separated and came to rest adjacent to the main wreckage. The aileron control and balance cables remained attached to the aileron bellcrank which was separated from its mounting structure and found adjacent to the main wreckage. Continuity was verified to the control wheel chain and the left bellcrank. Fuel was noted leaking from a separated fuel line near the wing root. Approximately 1/2 gallon of fuel was drained from the right tank. The left wing was separated from the fuselage at the aft and main attach points. The forward attach point remained intact, and the wing was bent forward. The aileron and flap remained secure to the wing, and continuity was verified to the control wheel chain and the right bellcrank. Approximately 13 gallons of fuel were drained from the left wing fuel tank.

The empennage was intact, and impact damage consistent with a tree strike was noted on the left horizontal stabilator. The rudder and horizontal stabilator control surfaces were intact and remained attached to their respective attach points, the control cables were secure, and control continuity was established. The stabilator trim tab was secure and the trim drum inner shaft measured 7 threads, which is consistent with approximately a 2-degree nose up pitch setting.

The fuselage displayed substantial damage to the right front side. The airplane was equipped with dual flight controls, and both flight control wheels were bent down and to the right. The fuel selector was found in the OFF position. According to the rescue personnel, the selector was moved by one of them to the OFF position. It was not noted which position the selector was in prior to the OFF position. The cockpit throttle control was found in the midrange position, the mixture control was found in the full rich position, and the carburetor heat was in the ON position. The flap handle was found in the down, or retracted position. The seat belts were intact and remained attached to their floor attach points.

The engine remained partially attached to the airframe. All four cylinders were boroscoped and no anomalies were noted. The engine was rotated by hand through the vacuum pump gear, and continuity was established throughout the engine and accessories. Thumb compression and suction was obtained on all four cylinders. Both magnetos remained attached to the engine case. Both magnetos were rotated and no anomalies were noted. The spark plugs were removed and according to the Champion Spark Check-A-Plug chart AV-27, the spark plug electrodes displayed coloration consistent with normal combustion and a low service life. The starter ring gear was fractured, and engine timing was not checked. The engine oil system was intact, and the engine oil appeared to be free of contaminants. Fuel was found at the fuel pump, in the carburetor bowl, and in the gascolator. Fuel was observed to jet from the carburetor when the throttle arm was actuated.

The propeller remained partially attached to the engine crankshaft propeller flange. No leading edge damage was noted on the two propeller blades. One blade displayed a slight aft bend, and the other blade was straight.

PATHOLOGICAL INFORMATION

An autopsy was performed on the pilot by the Jefferson County Morgue, Beaumont, Texas, on December 10, 2003. Specimens for the toxicological tests were taken from the pilot.

The FAA's Civil Aeromedical Institute's Forensic and Accident Research Center examined the specimens taken by the medical examiner. The toxicological tests were negative for all tested substances.

SURVIVAL ASPECTS

The first responders to the accident stated the two occupants were unconscious and did not have their lap belts secured. The airplane was not equipped with shoulder harnesses.

ADDITIONAL INFORMATION

The wreckage was released to the owner's representative on December 11, 2003.

NTSB Probable Cause

The pilot's failure to compensate for the wind conditions and maintain control of the airplane during the final approach. Contributing factors were the gusty and high wind conditions.