Accident Overview
On May 23, 2009, about 1315 central daylight time, an experimental amateur-built RV-8, N875MH, and an experimental Nanchang China CJ-6A, N81817, collided in midair shortly after takeoff from Pryor Field (DCU), Decatur, Alabama. The RV-8 was substantially damaged and the CJ-6A sustained minor damage. The certificated private pilot onboard the RV-8 was killed; the certificated private pilot onboard the CJ-6A incurred minor injuries. Visual meteorological conditions prevailed, and no flight plans were filed for the planned flights to Big River Airpark (5AL5), Muscle Shoals, Alabama. The personal flights were conducted under 14 Code of Federal Regulations Part 91. The RV-8 departed DCU about 1305, and the CJ-6A departed about 1310.
Events Leading to Collision
An FAA inspector interviewed witnesses and the CJ-6A pilot. An "open house" was in progress at DCU. The pilots were friends and neighbors visiting the airport, intending to return to their home airport. No preplanned formation flying was discussed. The RV-8 departed first, performed aerobatics over the runway and in the traffic pattern, then orbited the airport at a higher altitude. The CJ-6A departed and remained in the traffic pattern for a low pass over the runway. The RV-8 then flew in formation with the CJ-6A during the low pass. The RV-8 began to overtake the CJ-6A while its pilot announced relative positions over the common traffic advisory frequency (CTAF). The CJ-6A pilot did not realize the RV-8's proximity and began a climbing right turn. The left wing of the RV-8 contacted the right wing of the CJ-6A as the RV-8 overtook from left to right. The RV-8's left wing partially separated, and the aircraft descended uncontrolled, impacting a grass area at a local community college. The CJ-6A landed uneventfully at DCU.
Pilot Accounts
According to the CJ-6A pilot's written statement, he and the RV-8 pilot discussed flying home together or separately, and the RV-8 pilot decided to fly separately and departed first. A photographer asked the CJ-6A pilot to make low passes for pictures. The CJ-6A pilot saw the RV-8 perform a low pass and aileron roll, then orbit at about 2,000 feet agl. The CJ-6A took off, flew a left traffic pattern at about 1,000 feet agl, and the pilots exchanged radio calls. The CJ-6A pilot reported that when the RV-8 pilot announced positions at 6 and 4 o'clock, he could not see the RV-8 but assumed the RV-8 pilot could see him.
Witness Statements
One witness, a pilot listening to CTAF, heard the RV-8 pilot announce orbiting, then "form fly, okay?" with no reply. Another witness overheard the pilots discussing flying home without mention of formation flight and later saw the CJ-6A approach for a low pass. He heard the CJ-6A pilot ask for the RV-8's position, getting a 6 o'clock response without distance. During the low pass, the RV-8 closed dramatically, at greater than 30 knots, from above and behind, and the aircraft collided after the CJ-6A initiated a climbing right turn.
Pilot Information
The RV-8 pilot, age 41, held a private pilot certificate with single-engine land and instrument ratings. His most recent FAA third-class medical was issued July 31, 2007, with 769 total flight hours. Autopsy and toxicology were performed; the cause of death was multiple blunt force injuries, and toxicology was negative for drugs and alcohol. The CJ-6A pilot, age 59, held a private pilot certificate with single-engine land, sea, and instrument ratings. His most recent FAA second-class medical was March 17, 2009, with 3,600 total hours. He had formation training through the Formation and Safety Training (FAST) program since 2003 and had been a lead pilot since 2006.
Weather and GPS Data
Recorded weather at DCU at 1353 was: wind 080 degrees at 6 knots, visibility 10 miles in light rain, sky clear, temperature 22°C, dew point 19°C, altimeter 30.02 inches of mercury. GPS data from both aircraft showed the CJ-6A in a left traffic pattern for runway 18 with the RV-8 behind and to the right. About midfield, the CJ-6A began a climbing right turn just before the collision.
Regulatory Context
Federal Aviation Regulations cited include FAR 91.119 (minimum safe altitudes) and FAR 91.303 (aerobatic flight restrictions), which prohibit aerobatic flight below 1,500 feet above the surface or over open air assemblies of persons.