Lessons Learned: Following the rules

by Jason Schappert

On June 3, 2005, at 1430 central daylight time, a Cessna 172K, registered to and operated by a private pilot collided with the ground during an in-flight encounter with weather. The personal flight was conducted under the provision of Title 14 CFR Part 91 with no flight plan filed. Instrument meteorological conditions prevailed at the time of the accident. The airplane was substantially damaged, and the pilot reported minor injuries. The flight departed Scott Municipal Airport, Oneida, Tennessee on June 3, 2005 at 1400.

According to the pilot, when he departed his departure airport for his short cross-country flight he requested to fly VFR on top due to the low visibility. On arrival to his destination airport there was a cloud layer over the airport. He looked for an opening in the clouds so that he could begin his descent. He saw an opening and initiated his final descent to his destination airport. During the descent through the clouds the pilot encountered instrument meteorological conditions. The pilot initiated a 180-degree turn in 0-visibility, became disorientated, and the airplane collided with trees. The pilot did not report any flight control or mechanical anomalies prior to the accident. The pilot sustained minor injuries.

I will continue to preach this until the day I die, the rules are there for a reason. I know some of them my seem strange and difficult to understand but I can count a few golden rules that were broken in the 2 short paragraphs above.

The first red flag shot up when I read the words “private pilot” “no flight plan filed” and “instrument meteorological conditions.” These 3 words together mean trouble.

Secondly the private pilot (non-instrument rated pilot) was operating VFR-on-Top. Double checking my sources the AIM in 5-5-13 defines VFR-on Top as a clearance requested by a pilot on a IFR flight plan. Something this pilot did not file nor was he or she qualified to file.

The last broken rule you can find in the FARs under 91.155 Basic VFR weather minimums. The pilot was searching for a hole to break through the layer he was flying over. We know a layer is the lowest overcast (8/8 of sky coverage) or broken (7/8 of sky coverage) layer.

So what are the odds of finding a hole that meets the 2,000 ft horizontal cloud clearance requirement as depicted in 91.155 in a overcast or broken layer?

Jason’s Verdict: I’m very thankful this pilot was able to walk away and no one on the ground was harmed.
Just remember the rules are in place for a reason, they’re not something you just remember for your checkride. They’re rules to fly by.

What do you think this pilot could have done better?

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