Accident Overview
On July 18, 2022, about 1000 central daylight time, an experimental amateur-built AA Nieuport 28, registration N6170, was destroyed when it impacted terrain near Basehor, Kansas. The pilot, sole occupant, was fatally injured. The airplane was operated as a Title 14 Code of Federal Regulations Part 91 personal flight.
Witness Account
A witness reported meeting the pilot at about 0900 on the day of the accident and assisting with the preflight inspection and hangar pull-out. The preflight inspection revealed no issues, and the 12-gallon fuel tank was full. The pilot stated an intention to climb straight out to about 500 ft above ground level (agl), then turn left and remain close to the runway while checking the airplane. After starting the engine and allowing it to warm up for about 10 minutes, the pilot gave a thumbs up and applied full throttle for takeoff.
During the takeoff roll, the airplane veered left, and the witness thought it would hit a large round hay bale adjacent to the runway. The airplane lifted off, clearing the hay bale by 6 ft. The pilot then flew back toward the runway centerline at very low speed. After clearing treetops, the airplane began a slow left turn at about 200 ft agl. The witness observed the tail drop, the left wing roll, and the airplane subsequently spin to the ground. A postcrash fire ensued.
Aircraft History
According to the witness, the pilot built the biplane from a kit in 2016 and equipped it with a Volkswagen engine. Between 2016 and the accident, the pilot operated the airplane about 30 hours, during which it experienced several engine problems and oil leaks. In 2020, the pilot made a hard landing that fractured the main landing gear. Over the next two years, the pilot repaired the landing gear (including removal and reassembly of the wing struts) and installed a Lycoming O-320 engine. The work was completed in April 2022. The pilot performed several low-speed taxi tests in subsequent weeks and intended the accident flight to be the first flight since 2020. The airplane's maintenance logbooks and the pilot's logbook were not located.
Accident Site Examination
The accident site was in a field about 1,600 ft east of the runway. The airplane impacted the ground in a nose-down attitude. The wooden propeller blades were splintered into numerous pieces at the impact point. The main landing gear separated, and the airplane slid about 60 ft before coming to rest upright on a magnetic heading of 15°. The center portion of the wings and fuselage were almost completely consumed by fire. The engine was fractured at its mounts and located under the left wing. Most of the fabric was burned; a small piece remained on the tips of the upper and lower right wing.
Engine and Airframe Examination
Flight control continuity was established from control surfaces to the control stick, which was thermally destroyed. Examination of the engine revealed no preimpact mechanical anomalies that would have precluded normal operation. Examination of the airframe revealed that the left outer interplane strut was not correctly attached to the left lower wing compression strut. The bolt and nut were present through the outer interplane strut, but the interplane strut had not been attached to the lower wing compression strut through the bolt mounting hole.