Five Months

National Transportation Safety Board Judge Patrick Geraghty ordered Robert Curt Hatch's pilot license to be suspended for five months for operating an aircraft in a "reckless" manner. Hatch landed a malfunctioning Piper PA-28RT-201T, N2920C on a busy freeway April 13, 2004, seriously injuring an eleven-year-old girl.

The mechanic, Robert Lee Barber, was issued a 250 day suspension on his license, but he has appealed the judge's ruling. If Hatch does not appeal, his five-month suspension goes into immediate effect.

The Federal Aviation Administration ordered suspension of both men's licenses in October. In the appeal hearing last week in Denver, the judge affirmed FAA findings but reduced the penalty from a proposed 330-day suspension for Barber to 250 days, and a proposed 180-day suspension for Hatch to 150 days.

Geraghty ruled both men were reckless in performance of their duties as pilot and mechanic.

According to the NTSB Preliminary report, Hatch had rented the plane from Kempton Air Services (KAS) in Grand Junction, Colorado for his trip to Novato, California. He thought the engine may have been a little rough, but blamed the problem on turbulence. About a week later, he departed with his son on board to return to Grand Junction.

After takeoff, he noticed that the engine was running rough, and diverted to Rio Vista Municipal Airport, but found no services available. He contacted KAS, who suggested he fly to Buchanan Field Airport (CCR), in Concord, California to have the engine looked at.

He did, and the number two cylinder was found to have a broken exhaust valve. KAS decided to fly a mechanic to CCR to do the repair. The mechanic told the FAA that he replaced the cylinder with a used cylinder and told the pilot the airplane was 'good to go.'

Hatch had the fuel tanks topped off, completed a run-up with no problems, and departed on runway 19L. He reported that about 150 to 200 feet above ground level the airplane experienced a loss of engine power and that he didn't think that he could return to the airport.

He landed the airplane on the southbound side of the I-680 freeway. During the landing rollout the left wing struck one vehicle and the right wing of the airplane struck a second vehicle, which spun the airplane around.

The propeller struck Arianna Jimenez, a passenger in the second vehicle, nearly amputating her leg. She has undergone numerous surgeries and will face more in the future. The family claims more than $1 million in medical bills. A civil suit is pending.

Hatch and his son escaped unharmed, and the aircraft was consumed by fire.

In October, the Federal Aviation Administration ordered suspension of both men's licenses. Their appeal hearing was last week in Denver. The judge affirmed FAA findings but reduced the penalty from a proposed 330-day suspension for Barber to 250 days, and a proposed 180-day suspension for Hatch to 150 days.

The FAA found Hatch should not have flown his rented Piper from Novato to Rio Vista while it was experiencing loss of engine power. Nor should he have then flown from Rio Vista to Buchanan Field.

According to documents, the FBO at the field alerted Hatch that the plane might have a damaged turbocharger, that the engine might lose power and that manifold pressure was low. FAA documents show that Hatch was aware there was no maintenance record entry approving the plane to return to service following repairs and that he should never have flown from Buchanan carrying a passenger. The documents accuse Hatch of reckless disregard so as to endanger the life or property of another.

Barber was accused of installing an incorrect piston in the plane, failure to use the proper tools, failure to perform a test flight and failure to make a maintenance record.

FMI: www.ntsb.gov