The NTSB has filed a preliminary report on the tragic accident that claimed the life of an airshow pilot at the Rhinebeck AeroDrome.

NTSB Identification: NYC08LA281
14 CFR Part 91: General Aviation
Accident occurred Sunday, August 17, 2008 in Rhinebeck, NY
Aircraft: Roberto P. Garcia Nieuport 24bis, registration: N5246
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 August 17, 2008, at 1550 eastern daylight time, an amateur-built Nieuport 24bis, N5246, was destroyed when it impacted trees and terrain while maneuvering near Old Rhinebeck Airport (NY94), Rhinebeck, New York. The certificated airline transport pilot was fatally injured. Visual meteorological conditions prevailed, and no flight plan was filed for the local air show flight, which was conducted under the provisions of 14 Code of Federal Regulations Part 91.

According to preliminary information provided by a Federal Aviation Administration (FAA) inspector, the accident flight was a two airplane aerial demonstration of World War I vintage aircraft simulating a "dogfight." The other airplane participating in the demonstration was a Fokker DR-1. The entire flight was conducted about 300 feet above ground level.

According to the pilot of the Fokker, he and the accident pilot briefed prior the flight, and the accident pilot departed first in the Nieuport. The Fokker pilot then followed behind the Nieuport while they performed a 360-degree turn, followed by a "lead change," where the trailing airplane would turn first, and the previous lead airplane would follow. The Nieuport then followed the Fokker for another 360-degree turn, before performing another lead change at the air show center point. After a third 360-degree turn, both airplanes proceeded east before turning away from each other, the Nieuport going south and the Fokker north.

As the Fokker turned back around toward the show line, he noticed the Nieuport beginning a left turn. The Fokker pilot looked away for a moment, and he next saw the Nieuport in "what looked to be a 3 turn spin to the left," before it disappeared into the trees below. The Fokker pilot subsequently circled the accident site in order to help first responders on the ground locate it.

An FAA inspector examined and photographed the wreckage at the scene. According to the inspector, the accident site was located in a densely wooded area, with trees greater than 100 feet tall. The trees around the accident site remained largely undisturbed, with the exception of the trees immediately above where the wreckage came to rest. Several large tree branches were lying on the ground, which exhibited cuts consistent with propeller contact. The wreckage was consumed by a postimpact fire.

The wreckage was retained for further examination.

The pilot held an airline transport pilot certificate with a rating for airplane multiengine land, and a commercial pilot certificate with ratings for airplane single engine land and sea. He also held a flight instructor certificate with ratings for airplane single and multiengine, and instrument airplane. The pilot's most recent FAA second class medical certificate was issued on May 20, 2008, with the limitation, "holder shall possess glasses for near vision."

According to training documents maintained by the operator, as of August 8, 2008, the pilot had accumulated 3,881 total hours of flight experience, 2,372 hours of which were in tail wheel equipped airplanes. Additionally, the pilot completed the operator's initial qualification training in the Nieuport 24 on July 10, 2008. According to the qualification record, the pilot had completed 5 flights, for a total of 1.0 hours of training. According to the FAA inspector, the pilot had flown about 3 additional hours in the accident airplane since that time.

According to FAA airworthiness and registration records, the accident airplane was built in Florida, in 1997. It was then registered in New Zealand, before the operator took ownership of and re-registered the airplane in the United States on August 29, 2007. The airplane was subsequently inspected by a designated airworthiness representative, and issued a special airworthiness certificate on May 29, 2008.

The weather conditions reported at Dutchess County Airport (POU), Poughkeepsie, New York, located about 20 nautical miles south of the accident site, at 1553, included winds from 230 degrees at 7 knots, 10 statute miles visibility, scattered clouds at 6,000 feet, temperature 28 degrees Celsius (C), dewpoint 15 degrees C, and an altimeter setting of 29.89 inches of mercury.

FMI: www.ntsb.gov