Civil Aviation Authority of New Zealand
8 March 2006

MEDIA RELEASE

For further information contact Manager Communications:
Bill Sommer
Tel: 0-4-560 9411 or 0-27-546 8216

The accident report can be viewed on the CAA web site, www.caa.govt.nz, under Accidents & incidents - Fatal accident reports - 04/940 ZK-FGA, Firth of Thames, near Kaiaua Township, or use this link:  http://www.caa.govt.nz/Accident_Reports/ZK-FGA_Fatal_19Mar2004.pdf

Begins

Disregard of Operating Limitations contributed to fatal accident

ZK-FGA, Firth of Thames near the township of Kaiaua, 19 March 2004

A Civil Aviation Authority safety investigation has concluded that the pilot and crew member of a Fouga Magister aircraft died from injuries when the aircraft crashed into the water some 200 metres from the shore near to the township of Kaiaua at 10.16am on 19 March 2003.

The flight, which departed from Ardmore aerodrome, was essentially in preparation for an air display, with the crewman to critique the pilot's suitability to perform an air display in the aircraft at the Taupo Air Show the next day.

Eye witnesses in Kaiaua township observed the aircraft conducting a series of high speed horizontal runs including some aileron rolls, concluding each run in a climb followed shortly thereafter by a steep turn, or a roll and reversal of direction.  The aircraft was seen to climb into cloud at the end of the last high speed run, and when it came out of the cloud, it spiralled in a steep nose down attitude into the sea.

The investigation determined that the pilot breached numerous Civil Aviation Rules, both during the flight and on a test flight on the previous day, because he:

  • was not authorised to conduct aerobatic manoeuvres below 1500 feet [Rule 61.555(3)];
  • did not ensure the safe operation of the aircraft and the safety of its occupants during the flight [Rule 91.201(2)];
  • exceeded 250 knots below an altitude of 10,000 feet in Class G (uncontrolled) airspace [Rule 91.237(a)];
  • violated minimum heights for VFR flight [Rule 91.311(a)(1)];
  • did not keep the aircraft clear of cloud [Rule 91.301(a)(2)];
  • performed aerobatics within a horizontal distance of 2000 feet of a town or settlement [Rule 91.701(a)(1)];
  • did not hold an aerobatic rating issued under Part 61 authorising aerobatic flight to a specified height below 1500 feet [Rule 91.701(c)(2)(i)]; and
  • performed aerobatic flight below the height authorised in his aerobatic rating [Rule 91.701(c)(2)(ii)].

The CAA investigation concluded that the pilot held the appropriate licenses and ratings to fly the aircraft, and was medically fit for the flight.  The aircraft was airworthy and operating normally until the accident.

The investigation also concluded that:

  • The pilot had little or no experience performing aerobatic manoeuvres at low level in jet aircraft.
  • The aerobatic manoeuvres were performed about an area that had the potential to impact on public safety.
  • By assigning a crewmember without the prerequisite qualifications, the New Zealand Warbirds Association did not conform to its exposition.
  • The aerobatic manoeuvres performed by the pilot were not authorised by the New Zealand Warbirds Association.
  • During an aerobatic manoeuvre the aircraft was inadvertently flown into cloud.
  • The aircraft exited the cloud in an erect spin that was probably not recoverable under the circumstances.
  • The impact was not survivable.

As a result of the accident investigation the CAA will review Advisory Circular 91-1 Aviation Events to include recency requirements and guidelines for aerobatic flight, particularly in areas applicable to the type of activity and aircraft in which the activity is to be performed.  Civil Aviation Rule Part 149 Aviation Recreation Organisations - Certification will also be reviewed to reflect flight recency requirements.

The executive of the New Zealand Warbirds Association accepted a CAA recommendation to strengthen the Association's exposition to reflect greater control and influence over private owner/operators of warbirds aircraft when private owners and operators intend to include their aircraft in air display activity.