The accident happened on July 29, 2023, when both aircraft were operating in the EAA’s “Fun Fly Zone,” (FFZ), which consists of a grass runway in the ultralight display area of the EAA AirVenture show grounds at Wittman Field (KOSH) in Oshkosh, Wisconsin. In the area were ultralights, light planes, powered parachutes and trikes, hot-air balloons, homebuilt rotorcraft, and light sport aircraft (LSA).

• NTSB: Rule Violation Contributed to Fatal Midair Collision at EAA AirVenture

The FFZ was created by the EAA within the Class D airspace that is KOSH, beginning at the surface and extending to 2,500 feet agl. 

The accident involved a collision between a Rotorway 162F helicopter and an ELA Eclipse 10 gyrocopter. The gyrocopter was in the traffic pattern and made a 360-degree turn, colliding with the left side of the helicopter as it was on the base leg for landing. The pilots participating in the FFZ are required to be briefed by the FFZ officials on the rules and procedures for operating in the FFZ. One of those rules is that no 360-degree turns are permitted in the pattern.

• READ MORE: EAA Adopts New Procedures in Wake of AirVenture NTSB Crash Report

According to the final report on the accident published by the National Transportation Safety Board (NTSB) on May 16, the probable cause of the accident was “the failure of the gyroplane pilot to see and avoid the helicopter while maneuvering in the traffic pattern. Contributing to the accident was the gyroplane pilot’s performance of a prohibited maneuver in the traffic pattern.”

The complaint was filed by Milwaukee-based firm Cannon & Dunphy S.C., which is representing Margaret Peterson, wife of helicopter pilot Mark Peterson, and Patricia Volz, wife of Thomas Volz, who was a passenger on the helicopter. The pair were on a demo flight at the time of the accident.

According to the complaint,  the EAA “did not have an FAA waiver, letter or authorization of memorandum of understanding to alter the flight rules affecting Class D airports.”

• READ MORE: 4 Killed in 2 Separate Oshkosh Crashes Identified

“The FAA purported to waive some of the requirements for Ultralight and Homebuilt Rotorcraft to arrive and depart from the Ultralight/Homebuilt Rotorcraft field in a NOTAM (a notice containing specific information),” the complaint read. “Specifically, the FAA authorized an arrival and departure procedure to be used during AirVenture 2023 but did not authorize any continuing operations for the Ultralight/Homebuilt Rotorcraft field.”

It was noted that pilots wishing to operate in the FFZ were required to attend a daily preflight briefing in which they would learn about flight rules and procedures they were required to follow. 

The complaint alleges that gyrocopter pilot Eric Bruce made several illegal 360-degree turns despite being repeatedly warned not to by EAA officials and per the complaint by other pilots participating in the FFZ, and yet the EAA continued to allow him to fly.

According to the complaint, “defendant Bruce elected to fly in EAA’s FFZ on Thursday, July 27, 2023, Friday, July 28, 2023, and Saturday, July 29, 2023, and attended a daily briefing on each of those days before flying, signed the attendance sheets, and received a wrist band confirming he had attended the briefings before flying.”

Per the EAA rules for the FFZ, if a pilot observed another aircraft getting too close, they were to do a “go around” and leave the pattern then reenter to fly the pattern to return for landing. The pattern was kept at 300 feet to keep the smaller, slower aircraft away from the larger and faster airplanes using Runway 27.

Video of the accident shows both aircraft at an altitude of approximately 300 feet when they collided.

The helicopter flown by Peterson hit the ground inverted and caught fire. The gyrocopter also came down hard and Bruce and his passenger were seriously injured.

The complaint suggests “the EAA cannot by law arrogate to itself the power to establish a separate ‘airport within an airport,’ and the rules were not and could not be made mandatory by the EAA without authority from the FAA, which was never granted.” However, according to the lawsuit, these rules were discussed at a daily pilot briefing which pilots who desired to use the EAA FFZ during the specified times were required to attend.

The complaint suggested that in addition to failing to get proper clearance and approval from the FAA, the EAA failed to properly and sufficiently enforce its flight safety rules and to provide proper and sufficient air traffic control during the event to instruct pilots who may deviate from the rules to immediately cease and desist, and despite knowing that Bruce had violated the rule by performing a 360-degree turn, allowed him to continue to fly. 

“EAA’s negligence, as alleged, was a cause of the subsequent midair collision on June 29, 2023 between Bruce’s gyrocopter and Mark’s helicopter, which resulted in the deaths of Peterson and Volz,” it said.

The lawsuit called for a 12-person jury trial.

When asked for its perspective, the FAA told FLYING it does not comment on pending litigation.

The NTSB final report published May 16 listed the probable cause of the accident as pilot error.  When reached for comment, the EAA replied, “EAA is aware of the lawsuit and extends its condolences to the families who lost their loved ones in the mid-air collision that occurred on July 29, 2023. EAA denies any negligence and refers all interested persons to the investigation and conclusions reached in the final report of the [NTSB] published May 16, 2024.”

Last month, EAA spokesperson Dick Knapinski said that the organization had made procedural changes in the FFZ for EAA AirVenture 2024, which included a “one strike, you’re out” rule that would not tolerate pilots who did not fly by the rules. If a pilot is observed breaking the rules they are not allowed to fly.

The post Families File Lawsuit Against EAA for 2023 Midair appeared first on FLYING Magazine.

Both aircraft, B-17G, N7227C, and Bell P-63F, N6763, are registered to the American Airpower Heritage Flying Museum. Both were part of the Dallas, Texas-based Commemorative Air Force, a non-profit organization dedicated to preserving and showing historical aircraft. 

The CAF has released the names of the pilots killed in the accident. Aboard the B-17G: Terry Barker, Dan Ragan, Leonard “Len” Root, Curt Rowe, and Kevin “K5” Michels. Aboard the P-63F: Craig Hutain.

The accident happened in full view of the spectators, many of whom caught the event with smartphone cameras. These images quickly flooded social media and the accident was viewed from several angles.

During a press conference held late Sunday, Michael Graham of the NTSB requested that, “If anyone in the public has photos or videos of the accident, we would like to ask that you please share them with the NTSB; send to: witness@NTSB.gov.”

What Happened

The accident occurred at approximately 1:22 p.m. local time at Dallas Executive Airport (KRBD) during the air parade of World War II aircraft.

According to multiple video sources, the P-63F appeared to be at a slightly higher altitude as it came from behind and from the left of the B-17G and then entered a descending left turn. The P-63F struck the B-17G at the bomber’s radio compartment. The impact cleaved the larger airplane in two, and both aircraft disintegrated in a fireball, with the wing and cockpit section of the B-17G cartwheeling towards the ground. The bulk of the wreckage landed on airport property, although some did come down on a nearby highway.

Both the airport and the highway were closed immediately so the accident scene could be secured. The highway was reopened after a few hours, the airport closed for the rest of the weekend, and the remainder of the air show was canceled.

• READ MORE: Remembering ‘Texas Raiders’

The Investigation

According to Graham, the investigation is multi-faceted.

“We are analyzing radar and video footage to pinpoint the exact location of where the midair occurred.

“The debris field is scattered with the majority of the wreckage on the airport property. The debris which landed outside the airfield was documented and recovered by the Dallas police department and turned over to the NTSB,” said Graham.

According to Flightaware.com, the B-17G was in the air for approximately 11 minutes before the collision. The P-63F was airborne for 6 minutes. When the collision happened, there was confusion from the audience, some wondering if it was part of the show—then the realization of what happened sunk in as emergency crews swarmed the scene.

Airshows and aerial displays like the one planned for Wings Over Dallas require meticulous planning and extensive pre-briefings that culminate in a pre-show briefing typically two to four hours in length.

Separation of aircraft is provided both by altitude—for example, having the bombers at one altitude and fighters and liasion aircraft at another—and laterally using ground references such as taxiways or highways near the airport. Some pilots are instructed to fly over certain landmarks while other pilots in different aircraft are instructed not to traverse those areas. This ensures the orbits of the aircraft do not cross.

In addition, emergency procedures are discussed, for example, aircraft may be instructed to depart the pattern and orbit over a specific geographic point at a specific altitude until air traffic control can sort the situation out.

In many of the older aircraft, visibility is minimal because of their design. For example, in the B-17G, the only way the crew can get a rear view is if someone is in the tail turret or looking out of the top turret. Neither of these is standard practice during an airshow, according to sources for this article.

Graham noted that one of the questions the NTSB is looking at is why both aircraft were at the same altitude. “The NTSB is gathering all perishable evidence and our team is methodically and systematically reviewing all evidence and considering all potential factors to determine the probable cause.”

The CAF is assisting in the investigation by sharing the aircraft maintenance records as well as pilot training records. The pilots who fly the CAF aircraft are volunteers, often retired or current airline pilots with thousands of hours, or retired military pilots, or a combination of both.

Pilots must apply to become a CAF pilot, and there is a selection process followed by an extensive training program that is aircraft specific and includes extensive ground schools and check rides that are mandatory and not waiverable, no matter how much experience the pilot applicant brings to the table.

The NTSB will likely have a preliminary report on the accident in 4 to 6 weeks, the final report can take a year to 18 months.

FLYING will continue to provide updates as they are available.

The post NTSB Launches Probe Following Dallas Airshow Accident appeared first on FLYING Magazine.

As of Saturday afternoon, the status of the pilots and crew on the aircraft had not yet been released by officials.

The accident occurred around 1:20 p.m. Saturday during Wings Over Dallas, an annual three-day air show at Dallas Executive Airport (KRBD), featuring World War II aircraft.

• Gallery: Wings Over Houston 2021

In a report immediately following the event, the Dallas Morning News said video of the incident showed the P-63 hitting the B-17 while making a turn. The nose of the bomber broke off “and the plane’s wings erupted into flames as they hit the ground,” the newspaper reported.

The videos are heartbreaking,” Dallas Mayor Eric Johnson said in a message on social media. “Please, say a prayer for the souls who took to the sky to entertain and educate our families today.”

As many of you have now seen, we have had a terrible tragedy in our city today during an airshow. Many details remain unknown or unconfirmed at this time. The @NTSB has taken command of the crash scene with @DallasPD and @DallasFireRes_q continuing to provide support.

— Mayor Eric Johnson (@Johnson4Dallas) November 12, 2022

Following the incident, the National Transportation Safety Board (NTSB) took command of the crash site, as the Dallas Police Department and the Dallas Fire and Rescue provided support, Johnson said.

The NTSB and the FAA have both launched investigations into the accident, according to reports.

“At this time, it is unknown how many people were on both aircraft,” the FAA said in a statement following the crash., CNN reported.

• READ MORE: Remembering the Mighty Men of the 381st Bomb Group

The post B-17, P-63 Collide at Wings Over Dallas appeared first on FLYING Magazine.

The airport has parallel runways: 30L, measuring  5,000 feet by 75 feet, and 30R, which measures 4,199 feet by 75 feet. 

The approach end of Runway 30L is approximately 1,000 feet north of the approach end of Runway 30R. Runway 30L is a non-precision runway. Runway 30R  is a precision runway with aiming point and touchdown zone markings, which help distinguish it visually from 30L.

A husband and wife were aboard the Piper. According to a radio transmission made to another pilot in the pattern, the couple in the Piper were flying in from Idaho. The occupants of the Cessna were a flight instructor and learner in the pattern for Runway 30R, practicing takeoffs and landings.

According to the NTSB preliminary investigation, both airplanes were in contact with the tower at the time of the accident. 

The Piper had been cleared to land on Runway 30L and had acknowledged the clearance three times in three separate transmissions, but continued flying toward 30R.

The collision occurred approximately 0.25 miles from the approach end of Runway 30R.

Accident Timeline

1156:08

Piper N97CX is on an IFR flight plan and approaching from the north. Nellis Radar Approach Control clears N97CX for the visual approach at KVGT and instructs the pilot to overfly the airport at midfield for left traffic to Runway 30L. 

1158:26

Air traffic control responsibility for the flight is transferred from Nellis Radar Approach Control to the North Las Vegas tower, and Piper N97CX is instructed to fly left traffic for Runway 30L. 

Meanwhile, Cessna N160RA is instructed to fly right traffic for Runway 30R. The ADS-B records for the day show the Cessna had already made several laps in the pattern for 30R.

1158:43

The pilot of N97CX contacts KVGT tower and reports: “Descending out of 7,600 feet msl for landing on three zero left and ah Nellis said to cross midfield.” 

The tower controller replies, “Continue for three zero left.” 

The pilot acknowledges the transmission with, “Okay continue for runway three zero left nine seven charlie x-ray, we will cross over midfield.” 

1200:03

The pilot of N160RA requests a “short approach.” 

The tower controller replies, “zero romeo alpha short approach approved, runway three zero right, cleared for the option.” 

Cessna N160RA acknowledges the transmission. 

1201:36

The tower controller transmits, “November seven charlie x-ray runway three zero left cleared to land.”

The pilot of N97CX responds, “Three zero left cleared to land nine seven charlie x-ray.” 

The ADS-B track shows the Piper in a left turn, but it does not appear to be lining up with Runway 30 Left, rather the aircraft is swinging wide as if to land on the parallel Runway 30R.

1201:57

The tower controller transmits, “Seven charlie x-ray I think I said it right, runway three zero left, seven charlie x-ray runway three zero left.” 

The pilot of N97CX replies, “Yeah, affirmative runway three zero left, that’s what I heard nine seven charlie x-ray.” 

This is the final transmission from both aircraft, and they collide approximately a quarter of a mile from the approach end of Runway 30R.

The FAA illustration included in the NTSB report based on the ADS-B data shows both aircraft had lined up for Runway 30R.

Witnesses on the ground reported seeing the right wing of the Piper and the left wing of the Cessna collide before both aircraft plunged to the ground.

Photographs of the Piper wreckage show the Piper fuselage primarily intact. The NTSB report mentioned longitudinal scratches were visible along the right side of the fuselage.

The NTSB also noted damage to the Piper’s right wing, including “impact separation” and the right inboard wing section, which remained attached to the fuselage, was canted aft. The right wing flap was fractured about midspan. The crush impressions to the leading edge of the wing contained flakes of green primer, and there were cuts to the de-ice boot.

The Cessna, missing most of the left wing, hit the ground in a nose-low attitude, coming to rest inverted on a 304-degree magnetic heading. Also, the aircraft burned, the report said.

According to the NTSB, “About 4 [feet] of the left wing, which included the left aileron, was separated from the left wing, and was found on the edge of a culvert just south of the main wreckage. The left outboard wing section aft of the forward spar was found to be separated near the aileron-flap junction. The left wing flap was found to be separated from the wing.” 

Blue paint transfer was found on the lower surface of the separated left wing and the lower surface of the left wing flap. Black de-ice boot material transfer was observed on the lower surface of the separated outboard left wing, and the lower surface of the attached portion of the left wing, stretching about 5 feet outboard of the strut attach point, along the lower leading edge.

Most of the Cessna was consumed by fire, excluding the cabin roof.

The final report will be released at the conclusion of the investigation. NTSB investigations can take a year to 18 months to complete.

The post NTSB Releases Preliminary Report on Las Vegas Midair appeared first on FLYING Magazine.