N5246Garcia Roberto P NIEUPORT 24BIS · 1997

On August 17, 2008, at 1550 eastern daylight time, an amateur-built Nieuport 24bis, N5246, was destroyed when it impacted trees and terrain while maneuvering near Old Rhinebeck Airport (NY94), Rhinebeck, New York. The certificated airline transport pilot was fatally injured. Visual meteorological conditions prevailed, and no flight plan was filed for the local air show flight, which was conducted under the provisions of 14 Code of Federal Regulations Part 91.

According to information provided by a Federal Aviation Administration (FAA) inspector, the accident flight was a two airplane aerial demonstration of World War I vintage aircraft simulating a "dogfight." The other airplane participating in the demonstration was a Fokker DR-1. The entire flight was conducted about 300 feet above ground level.

According to the pilot of the Fokker, he and the accident pilot briefed prior the flight, and the accident pilot departed first in the Nieuport. The Fokker pilot then followed behind the Nieuport while they performed a 360-degree turn, followed by a "lead change," where the trailing airplane would turn first, and the previous lead airplane would follow. The Nieuport then followed the Fokker for another 360-degree turn, before performing another lead change at the air show center point. After a third 360-degree turn, both airplanes proceeded east before turning away from each other, the Nieuport going south and the Fokker north.

As the Fokker turned back around toward the show line, the pilot noticed the Nieuport beginning a left turn. The Fokker pilot looked away for a moment, and he next saw the Nieuport in "what looked to be a 3 turn spin to the left," before it disappeared into the trees below. The Fokker pilot subsequently circled the accident site in order to help first responders on the ground locate it.

The FAA inspector examined and photographed the wreckage at the scene. According to the inspector, the accident site was located in a densely wooded area, with trees greater than 100 feet tall. The trees around the accident site remained largely undisturbed, with the exception of the trees immediately above where the wreckage came to rest. Several large tree branches were lying on the ground, which exhibited cuts consistent with propeller contact. The wreckage was consumed by a post-impact fire.

During a subsequent examination of the wreckage, following recovery from the accident scene, the FAA inspector examined the engine, fuel tank, and all flight control cables. Continuity of the flight controls was confirmed from the cockpit, through their respective bellcranks and hinges, and continuity to each flight control surface was confirmed.

Removal and examination of all the front cylinder spark plugs revealed that they exhibited "normal" wear. Continuity of the drivetrain was confirmed, and compression was obtained on all cylinders. The carburetor was not able to be inspected due to impact damage, but the throttle arm was locked in the full open position, as was the throttle control. The magnetos were fire-damaged, and could not be rotated. The fuel strainer was absent of debris.

Fuel samples taken from the tank used to service the airplane prior to the accident flight were absent of water or debris. Additionally, all of the other aircraft participating in the airshow that day were serviced with fuel from that tank, including the Fokker, with no abnormalities noted.

The pilot held an airline transport pilot certificate with a rating for airplane multiengine land, and a commercial pilot certificate with ratings for airplane single engine land and sea. He also held a flight instructor certificate with ratings for airplane single and multiengine, and instrument airplane. The pilot's most recent FAA second class medical certificate was issued on May 20, 2008, with the limitation, "holder shall possess glasses for near vision."

According to training documents maintained by the operator, as of August 8, 2008, the pilot had accumulated 3,881 total hours of flight experience, 2,372 hours of which were in tail wheel equipped airplanes. Additionally, the pilot completed the operator's initial qualification training in the Nieuport 24 on July 10, 2008. According to the qualification record, the pilot had completed 5 flights, for a total of 1.0 hours of training. According the FAA inspector, the pilot had flown about 3 additional hours in the accident airplane since that time, and had experience in other vintage aircraft.

According to FAA airworthiness and registration records, the accident airplane was built in Florida, in 1997. It was then registered in New Zealand, before the operator took ownership of and re-registered the airplane in the United States on August 29, 2007. The airplane was subsequently inspected by a designated airworthiness representative, and issued a special airworthiness certificate on May 29, 2008.

The weather conditions reported at Dutchess County Airport (POU), Poughkeepsie, New York, located about 20 nautical miles south of the accident site, at 1553, included winds from 230 degrees at 7 knots, 10 statute miles visibility, scattered clouds at 6,000 feet, temperature 28 degrees C, dewpoint 15 degrees C, and an altimeter setting of 29.89 inches of mercury.