History of Flight
On August 24, 2009, about 2045 eastern daylight time, a Destiny 2000 powered-parachute (N5604B) and an unregistered Phantom X-1E aircraft collided in-flight at a private airstrip near Arcanum, Ohio. Both aircraft were substantially damaged. The flights were conducted under 14 CFR Part 91 in visual meteorological conditions. The pilot of N5604B sustained fatal injuries; the pilot of the Phantom sustained serious injuries. Both aircraft were returning from separate local flights.
The pilots operated from separate grass airstrips on their properties, separated by a two-lane roadway. The powered parachute's airstrip was 1,200 feet long by 60 feet wide, oriented east-west along the roadway. A residence and 50–60-foot tall trees were near the west end. The Phantom's airstrip was about 700 feet long by 50 feet wide, oriented north-south, with its north end adjacent to the roadway. The extended centerline of the north-south airstrip intersected the east-west airstrip about 200 feet from its east end.
The Phantom pilot reported departing about 2015 for a short local flight, noting the powered parachute pilot had taken off about 1915. He intended to make one more large circle around his property at about 50 feet above ground level (agl) before landing. It was nearing 30 minutes after sunset. He stated: "In the last few seconds before the collision, I did not see [the powered parachute] and I believe that [the pilot of the powered parachute] did not see me. I truly believe that the trees near the crash site obscured our view of each other."
The Phantom pilot informed FAA inspectors that when he turned back toward the airstrip he saw the powered parachute flying westbound about 50–60 feet agl. He executed a 360-degree turn and, coming out of it, saw a car on the road with the driver watching him. When he looked up again, the powered parachute was directly in front of him.
A witness reported the collision occurred over the west end of the east-west airstrip. The powered parachute appeared to be on final approach to land eastward as the Phantom approached from the south. After the collision, N5604B descended onto the runway; the Phantom impacted an adjacent corn field. Both aircraft were equipped with strobe lights, which appeared to be operating. No mechanical difficulties were apparent.
Personnel Information
There was no record of the powered parachute pilot ever applying for or being issued a pilot certificate. FAA records indicated he was the registered owner of N5604B.
The Phantom pilot held a sport pilot certificate with airplane single engine land and powered parachute land ratings. He did not hold a medical certificate. He reported 297 total flight hours, with 65 hours in the same make and model.
Aircraft Information
N5604B was a 2000 model Destiny 2000 powered parachute, serial number 1C0301RWB, manufactured by Destiny Powered Parachute, LLC. It had a single-place cart, a Chiron 340 canopy, and a 65-horsepower Rotax 582 engine. It received an experimental-light sport aircraft airworthiness certificate in January 2008. Operating limitations required the pilot-in-command to hold appropriate ratings. Maintenance records were unavailable.
The Phantom X-1E was unregistered, single-place, fixed-wing, powered by a 50-horsepower Rotax 503 engine. The pilot/owner believed it met ultralight vehicle requirements (14 CFR 103.1). It had about 74 total hours at the time of the accident; the most recent inspection was in January 2009.
Meteorological Information
At 2056, the James M. Cox-Dayton International Airport ASOS (about 15 miles east-southeast) reported clear skies, 10 miles visibility, and southeast winds at 4 knots. The Phantom pilot reported clear skies, greater than 5 miles visibility, and calm winds. Sunset occurred at 2022; civil twilight ended at 2050. Moon transit was at 1713, set at 2221. The moon was in a waxing crescent phase with 23% illumination.
Wreckage and Impact Information
The Destiny 2000 came to rest about 400 feet from the west end of the east-west runway, on its left side, with the canopy adjacent. The fuselage was oriented east-northeast. Canopy suspension lines appeared intact. Airframe tubing near the propeller was deformed and broken. The engine remained attached and appeared undamaged. The 3-bladed propeller was attached but exhibited delamination on two blades. The nose wheel had separated. No pre-impact failure anomalies were observed.
The Phantom came to rest upright in a corn field about 200 feet north of the runway, oriented south. The right wing was crushed and deformed; the left wing appeared intact. Airframe tubing was deformed and fractured in the right wing, aft fuselage/empennage, and cockpit. The fractures were consistent with overload. The overhead mast was intact with support wires attached. The engine had separated from its mount and was located with the aircraft. The Phantom pilot reported no pre-impact failures or malfunctions.
Medical and Pathological Information
An autopsy of the powered parachute pilot was conducted by the Montgomery County Coroner's Office on August 25, 2009. The cause of death was attributed to blunt force trauma sustained in the accident. The FAA CAMI forensic toxicology report was negative for all substances in the screening profile.
Additional Information
FAA regulations (103.1) define an ultralight vehicle as one that does not exceed 254 lbs empty weight and has a power-off stall speed not exceeding 24 knots calibrated airspeed. General specifications for the Phantom X-1E indicate an empty weight range of 280–340 lbs and a power-off stall speed of 35 mph (30 knots). A manufacturer representative stated that it is possible for a Phantom X-1E to meet ultralight weight requirements if only minimum equipment is installed.
FAA right-of-way regulations (14 CFR 91.113) state that "vigilance shall be maintained by each person operating an aircraft so as to see and avoid other aircraft." For converging aircraft, "the aircraft to the other's right has the right-of-way." However, aircraft on final approach to land have the right-of-way over other aircraft in flight or on the surface.