Investigation Docket - National Transportation Safety Board:
Location: Tucson, Arizona
Accident Number: WPR18LA003
Date & Time: October 7, 2017, 10:30 Local
Registration: N966EZ (A1); N15664 (A2)
Aircraft: BOROM MARCUS P LONG EZ (A1); Piper PA 28-180 (A2)
Aircraft Damage: Substantial (A1); Minor (A2)
Defining Event: Midair collision
Injuries: 1 None (A1); 2 None (A2)
Flight Conducted Under: Part 91: General aviation - Personal (A1); Part 91: General aviation - Personal (A2)
Analysis
Two airplanes, a Long EZ and a Piper PA-28, collided in midair while in the traffic pattern about 1 mile northwest of the airport. The Long EZ pilot reported to the air traffic control (ATC) tower about 9 miles north of the airport that he was inbound for a full-stop landing. The controller instructed the Long EZ pilot to make left traffic to runway 6L and to report 2 miles on the 45° to runway 6L, which the pilot acknowledged. About 1 minute later, the Piper pilot reported about 8.5 miles northwest of the airport that he was inbound for a full-stop landing. He was instructed to enter a left base for runway 6L, which he acknowledged.
The controller then instructed the Long EZ pilot to make a left 360° turn for traffic, which the pilot acknowledged. He then cleared the Long EZ to be “number two” to land on runway 6L, following a Cessna on a left base. The Long EZ pilot acknowledged his clearance.
Shortly thereafter, two garbled transmissions were made. The controller then asked who was requesting runway 6R; the Long EZ pilot responded that he was not requesting runway 6R but wanted to confirm that traffic was landing on runway 6R. The controller stated that he had a Cessna on short final for runway 6L and a Piper Cherokee on about a 1-mile final for runway 6R. The Long EZ pilot transmitted that he had the wrong traffic in sight and that he now had the other landing traffic in sight on final. The controller told the Long EZ pilot to follow the traffic just over the numbers on runway 6L.
The Long EZ pilot stated that while he was on downwind, he saw a Piper “passing rapidly directly above” him from the right. According to the Piper pilot, he began his turn for a left base to the runway when he noticed an airplane coming toward him from downwind. He further stated that he attempted to avoid the other airplane but that his airplane's landing gear struck the Long EZ. Both airplanes declared an emergency and landed uneventfully. The Long EZ sustained substantial damage to the left rudder, and the Piper sustained minor damage to the landing gear assembly.
The pilots of both airplanes had the final authority for the operation of their airplanes and were required to see and avoid other airplanes. Further, although no specific ATC separations were applicable during the visual flight rules pattern operation, the controller was still required to be vigilant for traffic conflicts, provide traffic information and issue traffic advisories when necessary, and establish a safe traffic sequence to the runway.
Probable Cause and Findings
The National Transportation Safety Board determines the probable cause(s) of this accident to be:
The failure of both pilots to see and avoid the other airplane while maneuvering in the traffic pattern, which resulted in a midair collision.
Contributing to the accident was the controller's failure to provide adequate traffic information, issue necessary traffic advisories, and establish a safe traffic sequence for airplanes under his control in the Class D airspace.
Findings
Personnel issues (A1) Monitoring other aircraft - Pilot
Personnel issues (A1) Issuing instructions - ATC personnel
Personnel issues (A2) Monitoring other aircraft - Pilot
Personnel issues (A2) Issuing instructions - ATC personnel
Factual Information
On October 7, 2017, about 1024 mountain standard time, an experimental, amateur-built Long EZ airplane, N966EZ, and a Piper PA-28-180 airplane, N15664, sustained substantial damage and minor damage, respectively, when they were involved in an accident near Tucson, Arizona. The pilot of the Long EZ and the pilot and passenger of the Piper were not injured. Both airplanes were operated as Title 14 Code of Federal Regulations (CFR) Part 91 personal flights.
According to the air traffic control (ATC) tower transcript, at 1019:31, the Long EZ pilot reported to the RYN ATC tower, that he was over Wasson Peak, about 9 miles north of RYN, and was inbound for a full-stop landing. The controller instructed the pilot to make left traffic to runway 6L and to report 2 miles on the 45° to runway 6L. The Long EZ pilot acknowledged the transmission. At 1020:26, the Piper pilot reported about 8.5 miles northwest of RYN and that he was inbound for a full-stop landing. He was instructed to enter a left base for runway 6L. The Piper pilot acknowledged the transmission.
At 1021:33, the controller instructed the Long EZ pilot to make a left 360° turn for traffic west of him that was turning for a base. The Long EZ pilot acknowledged the transmission and said he was making the turn. He was then cleared to be “number two” to land on runway 6L, following a Cessna on a left base. The Long EZ pilot acknowledged his clearance.
Shortly thereafter, a garbled transmission was made, to which the controller replied, "uh got step[ped] on there say again." Another garbled transmission was made. The controller then asked who was requesting runway 6R; the Long EZ pilot responded that he was not requesting runway 6R but wanted to confirm that traffic was landing on runway 6R. The controller stated that he had a Cessna on short final for runway 6L, followed by a Long EZ, and a Piper Cherokee on about a 1-mile final for runway 6R. The Long EZ pilot transmitted that he had the wrong traffic in sight and that he now had the other landing traffic in sight on final. The controller told the Long EZ pilot to follow the traffic just over the numbers on runway 6L.
In a postaccident statement, the Long EZ pilot reported that while he was on downwind, he saw a Piper “passing rapidly directly above” him from the right. The Piper pilot indicated in a postaccident statement that he began his turn for a left base for runway 6L when he noticed an airplane coming toward him from downwind. The Piper pilot stated that he attempted to avoid the other airplane but that his airplane's landing gear struck the Long EZ; the airplanes were about 1 mile northwest of RYN when they collided in midair. At 1024:39, the Piper pilot declared an emergency and advised the controller that a midair collision had occurred. The Long EZ pilot also declared an emergency, and both airplanes landed uneventfully at RYN. The Long EZ sustained substantial damage to the left rudder, and the Piper sustained minor damage to the landing gear assembly.
Title 14 CFR 91.113 states that “[w]hen weather conditions permit, regardless of whether an operation is conducted under instrument flight rules [IFR] or visual flight rules [VFR], vigilance shall be maintained by each person operating an aircraft so as to see and avoid other aircraft.” In addition, the Federal Aviation Administration (FAA) Airplane Flying Handbook states the following:
All pilots must be alert to the potential for midair collision and impending loss of separation. The general operating and flight rules in 14 CFR part 91 set forth the concept of "See and Avoid." This concept requires that vigilance shall be maintained at all times by each person operating an aircraft regardless of whether the operation is conducted under IFR or VFR.…Most of these accidents/incidents occur within 5 miles of an airport and/or near navigation aids.
The handbook further states, "Pilots should remain constantly alert to all traffic movement within their field of vision, as well as periodically scanning the entire visual field outside of their aircraft to ensure detection of conflicting traffic.".
Regarding ATC rules and procedures, FAA Joint Order (JO) 7110.65 X, chapter 3, Airport Traffic Control—Terminal, section 1, paragraph 3-1-1, Provide Service, stated the following:
Provide airport traffic control service based only upon observed or known traffic and airport conditions. NOTE-- When operating in accordance with CFRs, it is the responsibility of the pilot to avoid collision with other aircraft. However, due to the limited space around terminal locations, traffic information can aid pilots in avoiding collision between aircraft operating within Class B, Class C, or Class D surface areas and the terminal radar service areas, and transiting aircraft operating in proximity to terminal locations.
FAA JO 7110.65 X, paragraph, 3-8-1, Sequence/Spacing Application, stated, “Establish the sequence of arriving and departing aircraft by requiring them to adjust flight or ground operation, as necessary, to achieve proper spacing.” In addition, FAA JO 7110.65 X, paragraph 3-1-6, Traffic Information, stated, “Describe the relative position of traffic in an easy to understand manner, such as ‘to your right’ or ‘ahead of you.’”
History of Flight
Approach-VFR pattern downwind (A1) Midair collision (Defining event)
Approach-VFR pattern base (A2) Midair collision
Pilot Information (A1)
Certificate: Private
Age: 83, Male
Airplane Rating(s): Single-engine land Seat Occupied: Front
Other Aircraft Rating(s): None Restraint Used: 4-point
Instrument Rating(s): None
Second Pilot Present: No
Instructor Rating(s): None
Toxicology Performed: No
Medical Certification: Class 3 With waivers/limitations
Last FAA Medical Exam: August 3, 2017
Occupational Pilot: No
Last Flight Review or Equivalent: May 24, 2017
Flight Time: (Estimated) 1247 hours (Total, all aircraft), 1093 hours (Total, this make and model), 1219 hours (Pilot In Command, all aircraft), 17 hours (Last 90 days, all aircraft), 6 hours (Last 30 days, all aircraft)
Pilot Information (A2)
Certificate: Private
Age: 47,Male
Airplane Rating(s): Single-engine land
Seat Occupied: Left
Other Aircraft Rating(s): None
Restraint Used: Unknown
Instrument Rating(s): None
Second Pilot Present: No
Instructor Rating(s): None
Toxicology Performed: No
Medical Certification: Unknown
Last FAA Medical Exam:
Occupational Pilot: UNK
Last Flight Review or Equivalent:
Flight Time: (Estimated)
Passenger Information (A2)
Certificate:
Age: 48, Male
Airplane Rating(s):
Seat Occupied: Right
Other Aircraft Rating(s):
Restraint Used:
Instrument Rating(s):
Second Pilot Present: No
Instructor Rating(s):
Toxicology Performed: No
Medical Certification:
Last FAA Medical Exam:
Occupational Pilot: No
Last Flight Review or Equivalent:
Flight Time:
Aircraft and Owner/Operator Information (A1)
Aircraft Make: BOROM MARCUS P
Registration: N966EZ
Model/Series: LONG EZ NO SERIES
Aircraft Category: Airplane
Year of Manufacture: 1986
Amateur Built: Yes
Airworthiness Certificate: Experimental (Special)
Serial Number: 966
Landing Gear Type: Retractable - Tricycle
Seats: 2
Date/Type of Last Inspection: June 15, 2017
Condition Certified Max Gross Wt.:
Time Since Last Inspection:
Engines: 1 Reciprocating
Airframe Total Time: 1093 Hrs at time of accident
Engine Manufacturer: LYCOMING
ELT: C91 installed, not activated
Engine Model/Series: O-320 E2G
Registered Owner:
Rated Power: 150 Horsepower
Operator: On file
Operating Certificate(s) Held: None
Aircraft and Owner/Operator Information (A2)
Aircraft Make:
Piper Registration: N15664
Model/Series: PA 28-180 180
Aircraft Category: Airplane
Year of Manufacture: 1972
Amateur Built: No
Airworthiness Certificate: Normal
Serial Number: 28-7305113
Landing Gear Type:
Tricycle Seats:
Date/Type of Last Inspection: Unknown
Certified Max Gross Wt.:
Time Since Last Inspection:
Engines: 1 Reciprocating
Airframe Total Time:
Engine Manufacturer: LYCOMING
ELT:
Engine Model/Series: O&VO-360 SER
Registered Owner:
Rated Power:
Operator: On file
Operating Certificate(s) Held: None
Meteorological Information and Flight Plan
Conditions at Accident Site: Visual (VMC)
Condition of Light: Day
Observation Facility, Elevation: DMA,2704 ft msl
Distance from Accident Site: 149 Nautical Miles
Observation Time: 09:58 Local
Direction from Accident Site: 264°
Lowest Cloud Condition: Clear
Visibility: 10 miles
Lowest Ceiling: None
Visibility (RVR):
Wind Speed/Gusts: 3 knots /
Turbulence Type Forecast/Actual: /
Wind Direction: 90°
Turbulence Severity Forecast/Actual: / N/A
Altimeter Setting: 29.92 inches Hg
Temperature/Dew Point: 27°C / -10°C
Precipitation and Obscuration: No Obscuration; No Precipitation
Departure Point: Globe, AZ (P13) (A1); CHANDLER, AZ (CHD) (A2)
Type of Flight Plan Filed: None (A1); None (A2)
Destination: TUCSON, AZ (RYN) (A1); Tucson, AZ (RYN) (A2)
Type of Clearance: Unknown (A1); Unknown (A2)
Departure Time: 10:00 Local (A1); 09:35 Local (A2)
Type of Airspace: Class D (A1); Class D (A2)
Airport Information
Airport: RYAN FIELD RYN
Runway Surface Type: Asphalt
Airport Elevation: 2418 ft msl
Runway Surface Condition: Dry
Runway Used: 06L
IFR Approach: None
Runway Length/Width: 4900 ft / 75 ft
VFR Approach/Landing: Traffic pattern
Wreckage and Impact Information (A1)
Crew Injuries: 1 None
Aircraft Damage: Substantial
Passenger Injuries:
Aircraft Fire: None
Ground Injuries: N/A
Aircraft Explosion: None
Total Injuries: 1 None
Latitude, Longitude: 32.142223,-111.174446 (est)
Wreckage and Impact Information (A2)
Crew Injuries: 1 None
Aircraft Damage: Minor
Passenger Injuries: 1 None
Aircraft Fire: None
Ground Injuries: N/A
Aircraft Explosion: None
Total Injuries: 2 None
Latitude, Longitude: 32.142223,-111.174446 (est)
