NTSB Factual Report

HISTORY OF FLIGHT

On January 19, 1999, about 1935 hours Pacific standard time, a Cessna 182P, N8579M, collided with mountainous terrain during cruise flight near Danville, California. The airplane, owned and operated by Comstock Air Services of Sacramento, California, was destroyed during the impact sequence. The commercial pilot sustained fatal injuries. The purpose of the flight was to deliver canceled checks to the Livermore Airport under the provisions of 14 CFR Part 135. The airplane had departed Livermore at 1923 and was en route to Sacramento on a 14 CFR Part 91 positioning flight when the accident occurred.

The owner of the company received a telephone call about 2100 from Flight Service (FSS) who told him that the accident airplane's flight plan had not been closed. They also said that the Sacramento Executive Tower told FSS that the airplane had not landed at the airport.

At 0955 on January 20, Contra Costa County Sheriff's Department Search and Rescue personnel located the wreckage of the airplane on a mountainside near Danville.

Shortly after the accident timeframe, the weather began to deteriorate at Livermore Airport. At 2014, Livermore was reporting 2-1/2 miles visibility with heavy rain; 2,900 broken; 5,000 overcast; temperature 54 degrees Fahrenheit; dew point 54 degrees; and altimeter 29.96 inHg.

A commercial pilot who said he lived approximately 4 miles from the accident site called the Federal Aviation Administration (FAA) and reported that between 1900 and 2000 he heard an aircraft flying low nearby. He estimated the airplane's altitude to be between 500 and 1,000 feet above ground level (agl). He said that the weather was "not good." He also stated that he stopped and listened to the airplane, and remarked that the "engine sounded good to him." The individual is a 1,800-hour pilot with an instrument rating and certified flight instructor certificate.

On January 22, 1999, the pilot witness told investigators that the weather was "raining with winds blowing pretty good," at a speed he estimated at 15-20 mph. He said that the pilot "was definitely scud running, but he didn't think that visibility was a problem." He also added that he had owned a Cessna 182 for several years and that he listened to the engine and it sounded "good and strong." Based on the witness's address, it was determined that the he lived approximately 8 miles west of the accident site. It could not be determined if the accident airplane was the same airplane described by the witness because no radar data was available.

A deputy with the Contra Costa County Sheriff's Office responded to an alarm call at 1900 in the Blackhawk/Alamo area. The deputy said that it was pouring down rain between 1830 and 1900 and it continued to rain heavily all night. A Lieutenant who was called out to work the missing aircraft case stated that traditionally, the area of the crash sight gets socked in due to the terrain. She stated that there are huge differences in the temperature up in the hills, which causes the weather to close in.

The owner of the company supplied Safety Board investigators with a written statement from another pilot who landed at Livermore Airport at 1945. This pilot described the weather conditions as "marginal VFR, with light rain, 3-4 miles visibility and ceilings around 3,000 feet." He added that he was in and out of the clouds, but he had visual contact with the ground 95 percent of the time.

AIR TRAFFIC CONTROL

The Safety Board obtained certified re-recordings of the telephone and radio contacts between the pilot and involved Federal Aviation Administration (FAA) facilities. The following transcriptions were made from those tapes.

The pilot called Rancho Murietta Flight Service Station (AFSS) Preflight 11 position according to the certified re-recording during the time period 0015-0030 Universal Coordinated Time.

Pilot: (hereby referred to as "P"), Flight Service (FSS). P: I'd like to file a VFR flight plan. FSS: Go ahead. P: N8579M, Skylane 182, True Airspeed 120, Executive Terminal at 0630 local, round robin to Livermore. Altitude 3,500 feet, fuel on board 3 1/2 hours. Time en-route 1 hour 30 minutes. One passenger on board. Based at Sacramento Executive, color White with orange/brown stripes. One person on board, the pilot. FSS: On file. P: I'd like to get the standard forecast FSS: Forecast IFR conditions, Sacramento to Vacaville not happening at this time. Ceilings occasionally less than 1,000 feet and 3 miles visibility. Mountain obscurement including the foothills now through the evening. Moderate turbulence, the surface up to 18,000 feet. Icing the entire way, occasional moderate rime and mixed icing in clouds and precipitation up to 20,000 feet. Freezing level currently, 5,000 to 7,000 feet. Looking at the latest radar summary, showers widely scattered to scattered for the entire route. I'm looking at the Sacramento radar, and it shows up on it as well. Right over the radar site, to 30 miles North of Stockton, there is strong to very strong, I should say heavy to very heavy precipitation returns in those areas. All the rest looks light. Southbound to Livermore, cloud layers 3,000 to 5,000 broken to overcast, higher layers above and some scattered layers as low as 2,300 feet. The forecast for the route for the Bay Area including Livermore Valley, 2,000 scattered to broken, 4,000 overcast, tops to 20,000 feet with scattered light rain showers. Gradually becoming between 7-10 PM 1,000 scattered to broken, 2,000 overcast, visibility 3-5 miles with light rain and mist. Tops to 25,000 feet. So it sounds like after 7-800 PM, it will be pretty marginal VFR, so I'd keep that in mind. There are no Notems for the route now until 10 PM, everything is operational.

The following re-recording is for position Inflight One, which occurred between 0232-0243 hours UTC. Pilot: (hereby referred to as "P"), and Rancho Radio referred to as "RR."

P: Rancho Radio, 8579M RR: 8579M, Rancho Radio, Go ahead. P: Flight Exec. VFR flight plan to Livermore and return. RR: 79M, Flight plan is activated. Do you have the Airmet's for mountain obscuration, IFR conditions and current information along the route? P: 79M, affirmative RR: 79M, Roger. VFR not recommended. Have a good day.

The pilot contacted Livermore Tower and said he was 11 miles to the North, landing with information Juliet (ATIS, which is a continuous broadcast of recorded non-control information including weather observations, in areas of high activity.) Information Juliet at 0250 Zulu or 1850 local was as follows: Wind 210-12 knots, visibility 5 miles, rain and mist. Ceiling 3,000 broken, 6,000 overcast, temperature 13 degrees Celsius, dew point 11 degrees Celsius, altimeter 29.95. ILS runway 25 in use, landing and departing Runway 25R.

The following is a re-recording of the conversations between the pilot of N8579M, hereby referred to as "P." and the Livermore Control Tower, referred to as "LCT."

P: 8579M, 11 miles to the North, landing with Juliet. LCT: 79M, enter and report 2 mile right base for Runway 25R. Be advised there is a moderate rain shower at the field at this time. Ceiling 2,800 broken, 4,700 overcast with 3 miles visibility. P: 79M, Roger, 2 mile right base for 25R. P: 79M, 2 mile right base for 25R. LCT: 79M, not in sight. 25R, cleared to land. P: Cleared to land. LCT: 79M, I have the approach lights on Cat 3 flashing. P: 79M, Thanks. LCT: 79M, taxi to row 44, Did you have a clearance outbound, or would you like to file one? P: 79M, negative.

The following re-recording concerns conversations between the pilot of N8579M and the Livermore Ground control:

P: Livermore Ground, 8579M, row 44, taxi with Juliet. LGC: 8579M, Livermore Ground, taxi to Runway 25R. P: 8579M, ready for takeoff. Request right downwind departure. LGC: 8579M, Livermore Tower. 25R, cleared for takeoff, right downwind departure approved.

PERSONNEL INFORMATION

A copy of the pilot's airman and medical records on file at the FAA Airman and Medical Records Center in Oklahoma City were obtained. Review of the records revealed that the pilot held a commercial pilot certificate with airplane ratings for single engine land and rotorcraft helicopters, and, instrument ratings for both airplanes and helicopters. His most recent first-class medical certificate was issued on November 13, 1998, without limitations. As of the date of his last medical, the pilot had reported a total time of 3,750 hours of flight time.

The pilot listed his aeronautical experience in a form for his employer dated February 6, 1998. He listed a total flight time of 3,516 hours; 620.1 hours cross-country; 367.9 hours night flight; 88.5 hours night cross-country; and 729.1 hours instrument (both actual and simulated). The pilot had passed his Airline Transport Pilot (ATP) written test, but had not finished his flight training.

According to the owner of the company, the pilot started working for them on August 8, 1998. He began his flight training with the company on July 6, 1998, and completed his initial training with a flight check, which was completed on August 9, 1998, in accordance with 14 CFR 135.293, 135.297 and 135.299. The pilot was checked out in three airplanes at the time of his accident; the Cessna 182R, Cessna 182P, and Cessna 207. The pilot had flown approximately 266 hours with the company since he was hired.

The pilot completed a FAA FAR Part 135 airman competency/proficiency check on August 9, 1998 in a Cessna 182. On the form, the check pilot listed all the flight maneuvers as conducted satisfactorily. The total flight time for the competency check was 2.0 hours. Additionally, the pilot completed a Part 135 airman check in a Cessna 182R and Cessna 207 aircraft on August 29, 1998, and September 21, 1998, respectively, with all maneuvers listed as completed in a satisfactory manner.

The pilot had last flown on January 14, 1999. He flew 1.4 hours and recorded two night landings when he flew from Sacramento Executive to Livermore and returned to Sacramento.

The pilot had completed a biennial flight review on February 20, 1998. He had completed four trips to Livermore in a 3-week period preceding the accident flight. According to company records, the pilot had flown 58 of the Sacramento to Livermore legs during 1998.

The owner of the company reported that a normal route of flight was straight down the Victor Airway from Sacramento to Livermore, which would put the pilot on a right base in the traffic pattern for Livermore Airport. He stated that the standard fuel load was 65 gallons. He said on the day of the accident flight the airplane was topped off prior to departing Sacramento.

The owner of the company was not aware of the pilot having any medical problems. He said he was a "happy guy who loved what he was doing." The company held pilot safety meetings 10-12 times per year. The last safety meeting the pilot attended was during December 1998. The owner said that he frequently discussed nighttime operations, and that the normal practice was to file IFR at night. He said that he encouraged the pilots to follow the instrument departure procedures (SID) for the airport to keep "themselves clear." He stated that the accident pilot liked to fly VFR instead of IFR. The Comstock Air Services Operation's manual was reviewed by the Safety Board. There was no requirement listed that the pilots had to file an IFR flight plan or follow SID departure procedures. The owner said "he had the landmarks laid out, and he knew the landmarks during both daytime and nighttime operations." The owner asked his pilots to consider all the factors, and to pick the safest way to do the mission. He said that he saw the accident pilot right before he left for Livermore and the pilot remarked, "it's VFR and should be an easy flight."

AIRCRAFT INFORMATION

The airplane, serial number 18264633, was manufactured on March 12, 1976, and had accumulated a total time in service of 10,066 hours. A 100-hour inspection was performed on the aircraft on December 15, 1998. The airframe total time as of the inspection was recorded as 10,038.8 hours, with a tachometer time of 8,352.7 hours. The altimeter, remote encoder, and transponder were checked as outlined in 14 CFR 91.411 of the FAR on December 01, 1998, and were found in satisfactory condition. Additionally, the pitot static system was tested and found within limits prescribed in 14 CFR 23.1325 on December 1, 1998.

The engine was inspected in accordance with a 100-hour inspection on December 15, 1998, with a total time on the engine of 1,591.7 hours and 99.7 hours since major overhaul (SMOH).

The propeller was inspected in accordance with a 100-hour inspection on December 15, 1998, with a total time on the propeller of 4,046.4 hours and 1,270.8 hours SMOH.

METEOROLOGICAL INFORMATION

The Safety Board prepared a Meteorological Factual Report based on the meteorological conditions surrounding the accident site. According to the Senior Meteorologist, a surface analysis chart prepared by the National Weather Service (NWS) National Centers for Environmental Prediction (NCEP) for 1900 January 19, 1999, showed an area of low pressure centered just off the Washington coast. A trough extended southeastward from the low into southeastern Oregon-northern Nevada. An area of high pressure was located well off the southern California. No fronts were depicted over California.

Additionally, the factual report stated that the NCEP 850 millibar (about 5,000 feet) and 700 millibar (about 10,000 feet) analysis charts for 1600 showed a weak trough of low pressure along the Pacific west coast. Station wind plots and closely packed isobars on the charts indicated moderate to strong southwesterly winds through central California, and plotted values of dew point depression indicated high relative humidity values in the regions.

The surface aviation weather observations near the accident location were reviewed. Hayward Air Terminal (KHWD), has a field elevation of 47 feet msl, and is located about 237 degrees at 17 nautical miles from the accident location. At 1943, they issued a special weather observation: wind 180 degrees at 4 knots; visibility 3 miles; present weather moderate rain mist; sky condition scattered 1,500 feet broken, 2,100 feet overcast 3,000 feet; temperature 13 degrees Celsius; dew point 13 degrees Celsius; altimeter 29.96 inHg.

Concord-Buchanan Field (KCCR), has a field elevation of 23 feet msl and is located about 312 degrees at 15 nautical miles from the accident location. At 1947, the METAR was reported: wind 160 degrees at 13 knots; visibility 3 miles; present weather moderate rain; sky condition scattered 800 feet broken 2,000 feet overcast 5,000 feet; temperature 13 degrees Celsius; dew point 12 degrees Celsius; altimeter setting 29.94 inHg.

A review of the surface observations and upper air data indicated that the lower atmosphere had a narrow temperature-dew point spread around the accident time.

A review of the Terminal Aerodrome Forecast (TAF) for Oakland prepared by the San Francisco NWS Office, and Sacramento prepared by the Sacramento NWS Office, revealed that conditions were marginal for VFR flight throughout central California due to low ceilings, reduced visibility's, and scattered moderate to heavy rain.

A review of the Aviation Area Forecasts (FA) for the Pacific Coast Area, issued by the Aviation Weather Center (AWC) at Kansas City, Missouri, revealed that advisories for IFR conditions and mountain obscuration were valid for portions of central California around the time of the accident.

SEARCH AND RESCUE

The Langley Air Force Base Search and Rescue personnel first picked up a signal of an ELT hit at 0743 on January 19, 1999. At 0834, the satellite made another pass and confirmed the ELT signal. According to Langley records, at 0850, they opened an incident report on the missing aircraft.

The Safety Board contacted the FAA Western-Pacific Region Headquarters Air Traffic Division, (AWP-5

NTSB Probable Cause

The pilot's disregard for the preflight weather briefing, and his intentional continuation into adverse weather conditions.