NTSB Factual Report

On June 12, 2005, at 1930 eastern daylight time, an amateur-built Maxair Drifter, N9238V, was substantially damaged when it impacted terrain in Gloucester, Virginia. The certificated private pilot was fatally injured. Visual meteorological conditions prevailed, and no flight plan was filed for the local personal flight conducted under 14 CFR Part 91.

According to witnesses, the pilot left a picnic he was attending because he "needed to take pictures." The pilot stated he was "going to get his airplane," and shortly after the witnesses saw the airplane pass overhead at an altitude of about 200 feet. The airplane made several passes, "buzzing" the crowd, and then witnesses observed the tail section of the airplane "wobble, and then break off." The airplane then pitched nose down and impacted the ground.

Examination of the airplane by a Federal Aviation Administration (FAA) inspector revealed that the airplane landed inverted in a nose low attitude. The empennage was separated from the fuselage at the tail boom attachment point; however, control cables remained attached. Both wings remained attached to the fuselage; however, cable supports were separated at the fuselage attach points. Corrosion was observed on the tail boom attachment points, as well as numerous other critical areas of the aircraft.

According to the FAA inspector, the airplane was also equipped with floats, and was often operated in a salt-water environment.

Examination of the pilot's logbook revealed the most recent entry was for a flight on May 26, 2004. At that time, he had accumulated approximately 1,000 hours of total flight experience. His most recent FAA third-class medical certificate was issued on June 16, 2004. At that time he reported 1,200 hours of total flight experience, 26 of which was accumulated in the previous 6 months.

The airplane and engine logbooks were not located.

The Commonwealth of Virginia, Office of the Chief Medical Examiner, performed an autopsy on the pilot on June 13, 2005.

The FAA Toxicology and Accident Research Laboratory, Oklahoma City, Oklahoma conducted toxicological testing on the pilot. According to the pilot's toxicology test results, cyclobenzaprine was detected in the pilot's blood, urine, and liver.

According to the Physician's Desk Reference (PDR), "a generic name for cyclobenzaprine is Flexeril...Flexeril is a muscle relaxant, often prescribed for relief of muscle spasm associated with acute, painful musculoskeletal conditions." A precaution listed for cyclobenzaprine stated, "Flexeril may impair mental and/or physical abilities required for performance of hazardous tasks, such as operating machinery or driving a motor vehicle."

A review of the pilot's complete FAA medical file revealed he did not report taking cyclobenzaprine.

NTSB Probable Cause

The in-flight separation of the empennage, which resulted in a loss of control and subsequent impact with the ground.