Braxton County Airport
Aircraft Accident/Incident Report

Marlinton, West Virginia 24954
Tuesady, November 28, 1995 9:40 EST

NTSB Narrative Summary Released at Completion of Accident

The pilot took off from an uncontrolled airport. He attempted to obtain an IFR clearance and reported that he was VFR at 3,500 feet. While air traffic control personnel were locating the flight plan and coordinating the IFR clearance, they lost radio contact with the pilot. The pilot continued to fly towards his destination, transiting rising mountainous terrain which was partially obscured by clouds. Wreckage was located about 28 nautical miles from the departure airport, at the 4,050-foot level. There was no evidence of mechanical failure or malfunction. According to FAR Part 91.3, the pilot had the ultimate authority for the operation of the airplane, and in the case of an in-flight emergency, had the authority to deviate from flight rules "to the extent required to meet that emergency." According to the AIM, an emergency could be either "a distress or an urgency condition." An urgency condition would exist "the moment the pilot becomes doubtful about position...weather, or any other condition that could adversely affect flight safety." Under FAR Part 91.3, the pilot would have been authorized to climb the airplane under IFR conditions, even if he were to enter controlled airspace.

NTSB Probable Cause Narrative

The pilot's continued VFR flight into obscured, rising mountainous terrain, and his failure to climb the airplane as conditions worsened. Factors included the rising terrain and the weather obscuration.

Event Information

Type of Event Accident
Event Date 11/28/1995
Event Day of the Week Tuesday
Time of Event 940
Event Time Zone Eastern Standard Time
Event City Marlinton
Event State WEST VIRGINIA
Event Country --
Zipcode of the event site 24954
Event Date Year 1995
Event Date Month 11
MidAir Collision Indicator No
On Ground Collision occurred ? No
Event Location Latitude 382006N
Event Location Longitude 0801648W
Event Location Airport Braxton County
Event Location Nearest Airport ID 48I
Indicates whether the acc/inc occurred off or on an airport Off Airport/Airstrip
Distance from airport in statute miles 33
Degrees magnetic from airport 145
Airport Elevation --
Weather Briefing Completeness Full
Investigator's weather source Weather Observation Facility
Time of the weather observation 945 Eastern Standard Time
Direction of event from weather observation facility (degrees) 180
Weather Observation Facility ID LWB
Elevation of weather observation facility 2302
Distance of event from weather observation facility (units?) 30
Time Zone of the weather observation EST
Lighting Conditions Day
Lowest Ceiling Height 900
Lowest Non-Ceiling Height --
Sky/Lowest/Cloud Conditions --
Sky Condition for Lowest Ceiling Overcast
Visibility Runway Visual Range (Feet) --
Visibility Runway Visual Value (Statute Miles) --
Visibility (Statute Miles) 5
Air Temperature at event time (in degrees celsius) 7
Dew Point at event time (in degress fahrenheit) 3
Wind Direction (degrees magnetic) 270
Variable Wind Indicator Wind direction could be determined
Wind Speed (knots) 5
Wind Velocity Indicator --
Wind Gust Indicator Not Gusting
Wind Gust (knots) --
Altimeter Setting at event time (in. Hg) 30.03
Density Altitude (feet) --
Intensity of Precipitation --
METAR weather report --
Event Highest Injury Fatal
On Ground, Fatal Injuries --
On Ground, Minor Injuries --
On Ground, Serious Injuries --
Injury Total Fatal 1
Injury Total Minor --
Injury Total None --
Injury Total Serious --
Injury Total All 1
Investigating Agency NTSB
NTSB Docket Number (internal use) 12632
NTSB Notification Source Charleston, WV FSDO
NTSB Notification Date Nov 15 2001 12:00AM
NTSB Notification Time 1400
Fiche Number and/or location -used to find docket information DMS
Date of most recent change to record Jan 16 2003 4:27PM
User who most recently changed record NTSB\MONR
Basic weather conditions Instrument Meteorological Cond
FAA District Office Charleston

Aircraft Involved

Aircraft #1

Aircraft Registration Number N28901
NTSB Number NYC96FA192
Missing Aircraft Indicator --
Federal Aviation Reg. Part Part 91: General Aviation
Type of Flight Plan filed IFR
Flight plan Was Activated? No
Damage Destroyed
Aircraft Fire None
Aircraft Explosion None
Aircraft Manufacturer's Full Name Cessna
Aircraft Model 414
Aircraft Series Identifier --
Aircraft Serial Number 414-0353
Certified Max Gross Weight 6350
Aircraft Category Airplane
Aircraft Registration Class U.S. Registered/U.S. Soil
Aircraft is a homebuilt? No
Flight Crew Seats --
Cabin Crew Seats --
Passenger Seats --
Total number of seats on the aircraft 7
Number of Engines 2
Fixed gear or retractable gear Retractable
Aircraft, Type of Last Inspection Annual
Date of Last Inspection Oct 5 1995 12:00AM
Airframe hours since last inspection --
Airframe Hours 3378
ELT Installed Yes
ELT Activated No
ELT Aided Location of Event Site No
ELT Type --
Aircraft Owner Name Casey Industrial, Inc.
Aircraft Owner Street Address 4505 Marion SE; P.O. Box 889
Aircraft Owner City Albany
Aircraft Owner State OR
Aircraft Owner Country USA
Aircraft Owner Zipcode 97321
Operator is an individual? No
Operator Name --
Operator Same as Owner? Yes
Operator Is Doing Business As --
Operator Address Same as Owner? Yes
Operator Street Address --
Operator City --
Operator State --
Operator Country --
Operator Zip code --
Operator Code --
Owner has at least one certificate None
Other Operator of large aircraft? --
Certified for Part 133 or 137 Operation --
Operator Certificate Number --
Indicates whether an air carrier operation was scheduled or not --
Indicates Domestic or International Flight --
Operator carrying Pax/Cargo/Mail --
Type of Flying (Per_Bus / Primary) Positioning
Second Pilot on Board No
Departure Point Same as Event No
Departure Airport Code 48I
Departure City Sutton
Departure State WV
Departure Country USA
Departure Time 930
Departure Time Zone EST
Destination Same as Local Flt --
Destination Airport Code LYH
Destination City Lynchburg
Destination State VA
Destination Country USA
Specific Phase of Flight Climb - to cruise
Report sent to ICAO? No
Evacuation occurred No
Date of most recent change to record May 15 2002 1:40PM
User who most recently changed record PEAR
Since inspection or accident Last Inspection
Event Location Runway Number and Location --
Runway Length --
Runway Width --
Sight Seeing flight No
Air Medical Flight No
Medical Flight --