Accident Narrative
About 50 minutes into the flight, the aircraft returned to the Humberside circuit and was cleared by air traffic control for a touch-and-go landing on Runway 21. The landing was firm but otherwise uneventful, and witnesses heard power being applied as the aircraft accelerated for takeoff. Just before rotation, two large puffs of smoke were seen coming from the vicinity of the mainwheels as both propellers struck the runway. The aircraft then lifted off and almost immediately began to yaw and roll to the left. The left bank reached an estimated maximum of 90° but reduced just before the left wing tip struck the ground. The aircraft then cartwheeled across the grass to the south of the runway and burst into flames.
The owner, seated in the left pilot's seat, and the pilot, seated in the right pilot's seat, escaped from the wreckage. The flight examiner, who was occupying a seat in the passenger cabin, was unable to vacate the aircraft and subsequently died of injuries sustained in the post-impact fire.
Investigation Findings
An engineering investigation found no fault with the aircraft that might have caused the accident. The investigation concluded that the most probable cause was an inadvertent retraction of the landing gear while the aircraft was still on the ground.
The investigation also noted confusion over individual roles. The flight examiner had not given a pre-flight briefing in line with guidance contained in the FAA Designated Examiners' Handbook, though both pilots stated that this briefing did not take place. The FAA Handbook and Federal Aviation Regulations are unclear on who should be the commander of the flight, though FAR 61.47 states that the examiner is not normally to be the pilot in command except by prior agreement with the applicant or other person who would normally be acting as pilot in command. The instructor should have been briefed that he was fulfilling the safety pilot role and was responsible for protecting the overall safety of the flight to whatever extent is necessary.
The instructor took control when he considered that the owner was not taking appropriate action to control the aircraft, though the actual moment he took control is in dispute. Given the owner's belief that the instructor was the commander and that the instructor was by far the more experienced pilot, the owner relinquished control even though, unknowingly, he had a more complete understanding of the aircraft's predicament. The flight time from the propeller strikes to the next ground impact was only a few seconds. Once the aircraft became airborne with significant power applied and a badly damaged left propeller, the situation was well beyond any emergency for which either pilot might have trained. Options were very limited and would have required full appreciation of the circumstances plus extremely rapid analysis and reactions.