NTSB Factual Report

On August 4, 2001, at 0850 eastern daylight time, an unregistered homebuilt Rans S-12, sustained minor damage during a hard landing at the Warrenton-Fauquier County Airport (W66), Midland, Virginia. The certificated airline transport pilot and passenger were not injured. Visual meteorological conditions prevailed and no flight plan was filed for the local personal flight that originated at W66.

During a telephone interview, the pilot was asked to describe the purpose of the flight and the events leading up to the incident. According to the pilot:

"I was flying the airplane in a spot-landing contest. I had a hard landing, the gear broke off and I slid into the weeds. It was as simple as that."

During a telephone interview, the passenger said he was working at the airport when the pilot asked him if he wanted to ride along for the spot-landing contest. He said:

"They were trying to have a fly-in, but they didn't get too good a turnout. They decided to have a contest doing spot landings. We went around about three times and on the fourth he said, 'We are going to hit hard'. We were coming in kind of fast, and we were only a couple of feet off of the ground when he pulled the power back.

"We hit, and one of the landing gear, one of the mains, broke off and we veered off the left side of the runway into a ditch."

The passenger was asked if he was a rated pilot or a student pilot. He was also asked if he was taking lessons with the pilot on the day of the incident or at anytime previous to the accident. According to the passenger:

"No. I was just along for the ride."

The pilot held an airline transport pilot certificate with a rating for airplane multi-engine land. He held a commercial pilot certificate with ratings for airplane single engine land, single engine sea, glider, and instrument airplane.

The pilot held a flight instructor certificate with ratings for airplane single engine land, multi-engine land, glider, and instrument airplane. He also held a mechanic's certificate with ratings for airframe and power plant.

The pilot's most recent first class medical certificate was issued on April 10, 2001.

The pilot was involved in another airplane crash 4 days prior to this event. In a written statement that he provided in regards to that accident, he reported 23,000 hours of flight experience, 9,800 hours of which were providing instruction. He reported about 130 hours of experience in the 90 days prior to the incident.

According to the pilot, the airplane was operated as an ultralight vehicle under an exemption from 14 CFR Part 103 on behalf of the United States Ultralight Association (USUA), and was placarded with USUA registration number 12NVU. The exemption provided for two-place airplanes that weigh more than the ultralight limit of 254 pounds, but less than 496 pounds, to be operated as ultralight vehicles solely for the purpose of ultralight flight instruction.

Listed among the conditions and limitations of the exemption were the following:

1. Each operation must comply with all sections of part 103 except 103.1 (a) and (e) 1 through (e) (4).

2. Each ultralight operated under this exemption must permanently display the following placard: 'To be used for instruction only.' This placard must have letters at least 1/2 inch in height and be displayed in a location easily visible and legible to all persons entering the ultralight vehicle.

3. All flights carrying two occupants must be used for instruction only, and one occupant must be recognized in writing by USUA as qualified and authorized to give instruction in an ultralight vehicle.

4. All single-occupant flights are restricted to those associated with instruction. Such flights include, but are not limited to, the following: ferrying the vehicles between locations where instruction and proficiency and competency checks will be conducted, maintenance test flights, and new vehicle checkouts, provided those flights are operated by a person authorized in condition No. 3 of this exemption to give flight instruction. Solo flights by students may be permitted in a two-place, powered ultra-light vehicle provided those flights are for instructional purposes only and are conducted under the close supervision of an instructor authorized to give instruction.

The pilot was asked a second time to explain the purpose of the flight, and the passenger's role. He said:

"I was flying the airplane in a spot-landing contest and there was a kid with me. He was just along for the contest."

The pilot was asked if the passenger was a student, and if the passenger had hired him for the purposes of flight instruction in the airplane. He said:

"Well, you can't ride in the airplane unless you are a student. No money changed hands; he was just along for the contest. I guess you could say I was demonstrating spot landings."

The pilot filed an Accident/Incident Reporting Form with the United States Ultralight Association. He stated that the purpose of the flight was "Competition".

The Safety Board requested that the pilot/owner submit an NTSB Form 6120.1/2 Pilot/Operator Aviation Accident Report, and the pilot refused.

The weather reported at Manassas Regional Airport, 12 miles northeast of W66, included clear skies with no wind.

NTSB Probable Cause

The pilot's failure to obtain/maintain the proper descent rate which resulted in a hard landing and separation of the landing gear. A factor in the incident was the pilot's improper decision to participate in an unauthorized activity with his airplane.