Recently Completed Aircraft Was Still Flying Off Required Test Program

It is one of the most depressing of facts, in the sport aviation community, that the first 40 hours in an experimental aircraft's life are likely to be the most dangerous. A recently completed Tailwind was the latest victim to that fact when a test flight showed the aircraft exhibiting power problems, followed by a descent into tall trees. The impact was fatal to the single pilot on board the aircraft.

NTSB Identification: ERA12FA093
 14 CFR Part 91: General Aviation
Accident occurred Thursday, December 01, 2011 in Fulton, NY
Aircraft: Wing John R Wittman Tailwind, registration: N865JT
Injuries: 1 Fatal.

This is preliminary information, subject to change, and may contain errors. Any errors in this report will be corrected when the final report has been completed.

On December 1, 2011, about 1440 eastern standard time, an experimental amateur-built, Wing Wittman Tailwind W10, N865JT, was substantially damaged when it impacted the ground in a wooded area near Fulton, New York. The airplane had departed from the Oswego County Airport (FZY), Fulton, New York, just prior to the accident. Day visual meteorological conditions prevailed and no flight plan had been filed. The private pilot was fatally injured. The personal local flight was conducted under the provisions of 14 Code of Federal Regulations Part 91.

According to several eyewitnesses, the airplane engine was cutting in and out and then the airplane was observed in a nose down attitude prior to impact. The pilot had assembled the airplane and it was issued a special airworthiness certificate on November 8, 2011. The first flight in the airplane had taken place on November 21, 2011, and the pilot was attempting to acquire the 40 flight hours required by the Federal Aviation Administration for a recently certificated experimental aircraft.

The airplane initially collided with an approximate 100 foot tall tree before it impacted the ground in a nose down, inverted attitude. The engine was located 36 inches into the ground. Continuity was confirmed to all flight control surfaces from the control column and from the rudder pedals through their respective fracture points. The engine remained attached to the firewall and the wood propeller blades were impact separated. The fuel tank was breached and devoid of fuel; however, a blue fluid similar in color to 100LL aviation fuel was observed at the engine driven fuel pump and the fuel strainer.

The elevator torque tube assembly was retained for examination at the Safety Board's Materials Laboratory.

FMI: www.ntsb.gov