Accident at Long Island, New York, 30 Jan 1949 (NC-86530)

Accident narrative

On January 30, 1949, at 1622, a Pan American Airways Lockheed Constellation (NC-86530) and a Cessna 140 (NC-76891) collided in mid-air over Port Washington, Long Island, New York. The pilot and passenger in the Cessna were killed, and the aircraft was destroyed. The Constellation sustained substantial damage, but its 23 passengers and crew of 10 were uninjured.

### The flights

Pan American Airways Flight 100 departed LaGuardia Field at 1616. The flight was cleared by Air Traffic Control to proceed to Shannon, Eire, on an instrument flight plan, and to climb en route to 17,000 feet in accordance with visual flight rules. The aircraft weighed 101,336 pounds, which was within its certificated gross weight. Captain George F. Knuth, who had 5,747 flying hours including 2,086 in Constellations, was flying the aircraft. First Officer Malcolm S. Wade, who had 5,307 total hours, handled cockpit checks and radio contacts.

The Cessna 140 had departed Meriden Airport in Connecticut at 1505. The owner, Arthur R. Dutting, who had 250 hours of flight time in light aircraft, occupied the left seat and handled the controls. Eugene Kowalczyk, who had approximately 105 hours, rode in the right seat. Before departing, they stated they intended to fly to New York and return non-stop.

### The collision

Between 1620 and 1622, both aircraft approached Port Washington on Red Airway 23. The Constellation was climbing on an easterly heading of 95 degrees at an indicated airspeed of 175 miles per hour. The Cessna was flying a return course to Meriden of approximately 40 degrees, cruising in level flight at 3,500 feet at an estimated 108 miles per hour.

Visibility was good, with no clouds below 15,000 feet. At 3,500 feet, a layer of light haze reduced horizontal visibility to about five miles. The sun was setting to the rear of both flights.

The aircraft were observed converging without any apparent change in direction or attempt to avoid a collision. Immediately before impact, Captain Knuth saw the Cessna within the wing span of the Constellation, to the right of and slightly above the cockpit. He pushed the control column sharply forward, but it was too late.

The aircraft collided at 3,500 feet. The Cessna's engine, propeller, landing gear, and seat structure entered and remained inside the top forward portion of the Constellation's fuselage. The remaining parts of the Cessna, including the wing panels, fuel tanks, and empennage, fell into a congested area of Port Washington. Despite the crushed upper fuselage, the Constellation continued to fly satisfactorily and made an emergency landing at Mitchel Field, five miles south of Port Washington, where all occupants deplaned without difficulty.

### What the investigation found

The Civil Aeronautics Board determined that both aircraft were airworthy prior to the accident.

Examination of the Constellation's fuselage revealed scuff marks from the Cessna's engine cowl, an impression stamped with the trademark of the Cessna's left tire, and the clear outline of its solid spring steel left landing gear strut. A slash from the Cessna's propeller entered the right side of the Constellation's roof and exited just aft of the astrodome. By extending the lines of these marks, it was determined that the aircraft converged at an angle of 58 degrees. During the convergence, the Cessna maintained a constant relative bearing of 38 degrees to the right of the Constellation, while the Constellation was 84 degrees to the left of the Cessna.

The Board noted that unobstructed vision on a level plane was not available to the Constellation crew. Because of the convergence angle, the Cessna was positioned behind structural members and the magnetic compass in the Constellation's windshield. However, the Board concluded that if the pilots had shifted in their seats or leaned forward or backward, they could have cleared their line of vision to see the Cessna. The Cessna pilot had relatively clear horizontal vision from straight ahead to 90 degrees to the left, meaning the Constellation could have been seen from the Cessna. The Board concluded that neither crew observed the other until immediately before the impact.

Under the Civil Air Regulations in effect at the time, an aircraft converging on another from the left was required to give way. The Board stated it was clear the Constellation pilots were required to see and avoid the Cessna. The regulations also required aircraft in level flight at 3,000 feet or more in a control area to fly at an odd or even thousand-foot altitude specified by the Administrator. Because the Administrator had specified an odd thousand-foot altitude for this area, the Board noted the Cessna was not being flown at a proper altitude at 3,500 feet. Furthermore, it appears clear the Cessna pilot was required to remain alert for other aircraft, especially when crossing an airway in an area where heavy traffic could be expected.

### Probable cause

The Board determined that the probable cause of this accident was "the joint failure of the Constellation pilots to observe and avoid the Cessna aircraft in flight, and of the Cessna pilot, while on an airway and in an area where a heavy concentration of traffic could be expected, to remain alert and avoid the Constellation."