N69ERVans Aircraft RV-7 · 2022

On August 3, 2008, about 1326 eastern daylight time, an experimental amateur-built Challenger II, N69ER, was substantially damaged when it impacted private property adjacent to a golf course near Fairdealing, Kentucky. The owner/pilot was fatally injured, and his passenger was seriously injured. The personal flight was operated under the provisions of 14 Code of Federal Regulations Part 91. Visual meteorological conditions prevailed, and no flight plan was filed.

According to witnesses, the pilot and his son departed for a local touring flight from Pirates Cove Airport (42KY), Benton, Kentucky, which was situated on the eastern shore of an arm of Kentucky Lake. The accident flight was the first flight of the day for the pilot and the airplane. Just prior to the accident flight, another son of the pilot refused the pilot’s offer of a flight, because the day was too hot. The airplane took off, and headed to the north, across the arm of the lake.

Another witness, who was working on the golf course, heard the airplane, and saw that it was flying low. He stated that it appeared as if the pilot was trying to land on the fairway. The airplane passed the witness, made a left turn, "winged over," and "crashed behind the trees." The witness telephoned 911, and then drove to the accident site, where he observed that the engine was still running. He used the ignition switch to shut down the engine. The witness also stated that despite being cautioned against it, the passenger extricated himself from the wreckage. There was no fire.

According to Federal Aviation Administration (FAA) records, the pilot held flight instructor and commercial pilot certificates with airplane single engine land and instrument airplane ratings, and a ground instructor certificate with basic and instrument airplane ratings. The pilot reported 2,040 total hours of flight experience on his most recent application for his FAA third-class medical certificate, which was issued in July, 2002.

The airplane was a high-wing, pusher configuration with a primary structure that consisted of fabric-covered metal tubing. The engine was mounted above and aft of the cockpit, and the propeller was belt-driven. The airplane kit was designed and marketed by Quad City Ultralight Aircraft Corporation in Moline, Illinois. According to FAA records, the airplane was built by an individual, and received its initial airworthiness certificate in his name in 1991. The builder sold it in 1992, and the airplane was then owned by a total of five different individuals between 1992 and 2004. In 2004 the airplane was jointly purchased by the pilot and another individual and in June 2007, the pilot became the sole owner of the airplane.

FAA records indicated that the airplane was originally manufactured with a Rotax model 503 engine. An engine logbook entry indicated that a new Rotax 503 engine was installed in May 2006. According to an acquaintance of the pilot, the pilot had purchased a brand new engine for the airplane, and the acquaintance reported that the engine had less than 10 hours total time in service at the time of the accident. A stamped-metal data plate that was affixed to the airplane indicated that the airplane was equipped with engine serial number 329778102, rated at 52 horsepower. The engine logbook entry dated May 15, 2006 documented the installation of a Rotax 503 with serial number M5766854.

The pilot's original airworthiness application listed the propeller manufacturer as "Tennessee," and the propeller model designation as "5437." The accident airplane's three-bladed propeller bore "Powerfin" decals. The specific propeller model was not determined.

The 1353 surface weather observation at Barkley Regional Airport, Paducah, Kentucky, located approximately 31 miles northwest of the accident location, reported winds from 110 degrees at 8 knots, visibility 10 miles, clear skies, temperature 29 degrees C, dew point 19 degrees C, and an altimeter setting of 29.98 inches of mercury.

The departure airport (42KY) was a private paved airstrip located adjacent to a lake. The runway measured 3,000 feet long by 32 feet wide. Airport elevation was listed as 380 feet above mean sea level (msl).

The wreckage was located on a grassy area adjacent to trees, approximately 3.2 miles north of the departure airport. The arm of the lake comprised most of the topography separating the airport from the accident site, and the accident site was less than 1,000 feet from the shoreline. According to an insurance company representative who visited the accident site, the terrain in the area sloped up approximately 20 to 30 degrees, in a direction away from the shoreline. Examination of topographic maps indicated that the accident site was located at an elevation of approximately 420 feet above mean sea level. Maximum tree heights in the vicinity of the accident were approximately 50 feet above ground level.

A broken tree branch, approximately 2 to 3 inches in diameter, was observed in a tree near the wreckage. A ground scar, approximately 5 feet wide, 7 feet long, and 6 inches deep, was located near the nose of the airplane. Observations by the FAA inspector and other individuals who were present at the accident site led them to conclude that the pilot attempted to outclimb the rising terrain and trees, but that he was unable. They believed that the airplane initially passed between some trees, but a subsequent climbing turn was unsuccessful, and the airplane stalled and struck trees.

All components, with the exception of the windscreen and the outboard sections of the three composite propeller blades, remained attached to the airplane. Damage primarily consisted of crushing in the up and aft directions to the forward fuselage. Bending damage to, and fractures of, some fuselage tubing was also present. The left wing exhibited crumpling damage in the inboard direction near its tip. The forward lift strut of the left wing bore an impact mark approximately 4 inches wide on its lower leading edge. The forward lift strut of the right wing exhibited several regions of crush and flattening damage on its leading edge. The outer third of each of the three composite propeller blades was missing. The remaining inboard blade segments remained attached to the hub, and exhibited ragged fractures. The engine hour meter indicated 549.5 hours.

According to the FAA inspector who responded to the accident, control continuity for the ailerons and elevator were confirmed. The rudder cables were severed in the plane of rotation of the propeller, and the fuselage exhibited damage in the same location. The flaps and flap handle were found in the fully retracted position. The fuel system was not compromised. Approximately 3 gallons of fuel remained in the fuel tank, and this fuel appeared uncontaminated when inspected visually. Both carburetors contained fuel in their bowls, and the fuel also appeared uncontaminated. The control cables to both carburetors were intact and functional.

The pilot's most recent application for FAA medical certificate was dated July 11, 2002. His FAA medical records noted a history of coronary artery disease, treated with angioplasty of his left circumflex coronary artery in 1990, emphysema, and diabetes controlled by oral medications. The FAA provided the pilot with an Authorization for Special Issuance of a Medical Certificate dated August 5, 2002, and that expired on July 31, 2003. There were no more recent documents in the FAA medical records regarding the pilot.

The pilot initially survived the accident and was transported by helicopter to a hospital in Nashville, and he subsequently expired. An autopsy was performed by a medical examiner for the Tennessee Department of Health and Environment. The autopsy report noted evidence of emergency medical intervention including an endotracheal tube, neck brace, and IV lines. The report also noted the presence of stents in the pilot's left anterior descending and right coronary arteries, but there was no notation of any coronary artery blockages. The cause of death was noted as "multiple blunt force injuries."

Toxicological testing was conducted by the FAA Civil Aero Medical Institute (CAMI). Test results were negative for carbon monoxide, cyanide, and ethanol. The testing detected amlodipine, diphenhydramine, and metoprolol in the pilot's blood, and acetaminophen, amlodipine, diphenhydramine, and metoprolol in the pilot's urine.

Pilot and Airplane Flight Time History

Direct documentation of the pilot's experience in the accident airplane was not provided for the investigation, and the aircraft and engine logbooks were used to attempt to develop this information. The pilot and a partner purchased the airplane in June 2004. The two logbook entries that bracketed this date were September 1, 2001 and August 1, 2004. These logbook entries indicated recording tachometer times of 536.8 and 515.0 hours, respectively. No explanation for this apparent discrepancy was obtained.

An engine logbook entry dated May 2006 indicated that a new Rotax 503 engine was installed in the airplane, with a recording tachometer time of 547.0 hours. The pilot became the sole owner of the airplane in June 2007. The two logbook entries that bracketed this date were September 5, 2006 and September 19, 2007. These logbook entries indicated recording tachometer times of 548.4 and 549.0 hours, respectively. The September 19, 2007 entry was also the most recent entry in both the aircraft and engine logbooks. At the accident site, the recording meter registered a value of 549.5 hours. The pre-accident functionality of the recording meter was not determined.

Calculations that were based on the above values, and a presumption that the recording meter was functional, indicated that the pilot had a maximum of approximately 34 hours of experience in the accident airplane.

Airplane Weight and Performance Information

The airplane's stamped-metal data plate listed an empty weight of 411 pounds, and a gross weight of 850 pounds. A handwritten card, which bore the airplane registration number, and which was attached to the instrument panel, had a blank space next to the "Empty Wt" line, and listed a "Max Wt" of 960 pounds. An undated "Craftsmans Corner Weight and Balance Quick Check" worksheet, which was originally published in an unknown issue of "Sport Aviation" magazine, and which contained the airplane's registration number, as well as the various weight and balance values and calculations in the handwriting of an unknown person, was found with the airplane paperwork. The document indicated an airplane empty weight of 411 pounds. At the bottom of the document was an additional hand-written notation that stated "New Maximum Gross Weight: 960 pounds per Quad City Inc. Builder of Challenger II Clip Wing A/C." Post-accident communications with the kit manufacturer (Quad City) confirmed that the airplane's maximum allowable gross weight was 960 pounds.

According to the autopsy report and witness interviews, the pilot weighed approximately 143 pounds, and the passenger weighed approximately 180 pounds. Approximately 3 gallons of fuel were found in the airplane's intact fuel tank after the accident. Calculations that used an airplane empty weight of 411 pounds, the values above, plus an additional 10 pounds for clothing and equipment, yielded a minimum airplane gross weight of approximately 762 pounds at the time of the accident.

The kit manufacturer's Owners Manual listed a "Best Angle of Climb" (Vx) speed of 48 mph, and a "Best Rate of Climb" (Vy) speed of 53 mph. The handwritten card did not contain a Vx entry, and listed a Vy of 55 mph. Post-accident communications with the kit manufacturer indicated that the speeds in the Owners Manual were valid for an airplane gross weight of 800 pounds. According to the kit manufacturer, the airplane climb rate on "an average day at sea level" at a weight of 960 pounds would be "about 650" feet per minute. This equated to a flight path climb angle of approximately 8 degrees.

The Owner's Manual listed a "Stall Speed" of 35 mph, and the same value also appeared on the handwritten card. The lower value of the green arc on the airspeed indicator, which was required by regulation to denote the stall speed, was not discernible in the information provided to the National Transportation Safety Board. In a coordinated turn, stall speed increases as a function of the cosine of the bank angle. In coordinated turns of 30, 45 and 60 degrees, the stall speeds of the accident airplane would increase to approximately 38, 42 and 49 mph, respectively.

The airplane was not equipped with a stall warning system. The Owner's Manual stated that a stall was "gentle and straight forward," and that a pilot would "notice a slight growl from the propeller" due to "airflow...separating and becoming turbulent" as a stall was approached. No documentation regarding actual demonstrated stall speeds, or the accuracy of the airspeed indication system, was located for the accident airplane.