Accident Sequence
On April 14, 2019, about 2215 eastern daylight time, a Cessna 172N, N5296H, was substantially damaged when it impacted a building and powerlines during a diversion to John F. Kennedy International Airport (JFK), New York. The private pilot and two passengers sustained minor injuries. The airplane was registered to N5296H LLC and operated by 2BAPilot NYC Flight School and Aircraft Rental under Part 91 as a personal flight. Night instrument meteorological conditions prevailed, and an IFR flight plan was filed for the flight that originated from Niagara Falls International Airport (IAG) about 1710 and was destined for Republic Airport (FRG), Farmingdale, New York.
The pilot reported arriving at FRG about 0630 with passengers, departing for IAG and arriving about 1100. They spent the day and departed to return direct to FRG; enroute, air traffic control changed the planned route, increasing enroute time by about 40-50 minutes. Upon arriving near FRG, the pilot attempted a precision ILS approach to runway 14, resulting in a missed approach. A second ILS approach also resulted in a missed approach, though the pilot reported seeing some lights but not the runway.
A third ILS approach to FRG was attempted. During this approach, the pilot noticed something wrong with the heading indicator and saw the course zigzagging. He had a passenger read track heading from an electronic flight bag application. The pilot then decided a bigger airport would be better and diverted to JFK via radar vectors.
The pilot attempted three ILS approaches to runway 22L at JFK. The first two resulted in missed approaches. On the third attempt, the pilot reported the fuel went out and the engine stopped. During the power-off descent, he flew at best glide speed and, about 100 ft above ground, saw streetlights and made a left turn toward a road. While turning, the airplane struck the roof of a building and powerlines, coming to rest entangled in powerlines suspended a few feet above ground. The pilot and passengers exited via main cabin doors onto the street.
Pilot Actions
The pilot reported using a timing method for fuel consumption because both fuel gauges were stuck indicating full after about one hour of flying. He believed he had about 5 hours 20 minutes of fuel at takeoff (full 42 gallons). He expected the flight to take about 3 hours 30 minutes; actual flight time was about 5 hours 5 minutes.
Review of FAA communications showed controllers provided the pilot with weather observations and PIREPs during approaches at FRG and JFK. They requested and received updates on his low fuel state. The pilot did not declare an emergency; however, ATC internally designated the flight as an emergency and alerted equipment before engine power loss.
Weather Conditions
According to an NTSB weather study, IFR conditions were observed at the destination and alternate (LaGuardia) from departure through the flight. At FRG at 2153, visibility was 1/4 mile in fog, vertical visibility 200 ft. At JFK at 2212, visibility was 1/8 mile in fog, vertical visibility 200 ft. Several New York area airports were in low IFR conditions. Forecast products prior to departure called for low IFR at the time of estimated arrival. There was no record of the pilot requesting a weather briefing.
Aircraft Information
The 4-seat high-wing airplane was powered by a Lycoming O-320-H2AD 160-hp engine. The most recent annual inspection was completed in January 2019. An FAA inspector examined the airplane at the accident site; fuselage, wings, and empennage sustained substantial damage. No fuel odor was present, and no fuel was observed in the wing tanks. Engine examination found no pre-impact mechanical malfunctions. Vacuum system examination showed the pump intact, drive coupling normal, no blockages, and wear indicator within limits.
Pilot Information
The pilot held a commercial pilot certificate with ratings for airplane single and multi-engine land, and instrument airplane. He held a first-class medical certificate issued January 2018. He reported about 80 hours of simulated instrument flight time, with one hour in actual instrument conditions alongside a flight instructor. The accident flight was his first actual instrument flight as pilot in command.
Examination
The vacuum system was examined and found to have no anomalies. The pump's wear indicator was within normal limits. No fuel was found in the wing tanks at the accident site.