14 CFR Part 91: General Aviation
Accident occurred Saturday, May 24, 2014 in Electric City, WA
Probable Cause Approval Date: 06/09/2016
Aircraft: KENNETH A BERGER SEAREY LSX, registration: N249PW
Injuries: 1 Fatal.
NTSB investigators either traveled in support of this investigation or conducted a significant amount of investigative work without any travel, and used data obtained from various sources to prepare this aircraft accident report.
According to witnesses, the private pilot of the experimental, amateur-built, high-wing, amphibious airplane was attempting to take off from the lake, which was choppy due to numerous boat wakes. Witnesses reported that the airplane started a high-speed run but that the engine then throttled back, and the airplane turned toward the beach. The airplane then abruptly turned 180 degrees and started another high-speed run. While on the step for the final takeoff attempt, the airplane encountered a boat wake, bounced 4 to 5 ft, and then abruptly nosed down into the lake. The airplane came to an abrupt stop with a 20- to 30-ft-high splash. When witnesses arrived in their boats, the airplane’s high wings were level with the water’s surface, and the aft-facing, pylon-mounted engine was still running. Swimmers entered the water and recovered the pilot from the submerged cabin. Shortly thereafter, the airplane sank. The submerged airplane could not be located during a subsequent search by local law enforcement, and the wreckage was not recovered.
The National Transportation Safety Board determines the probable cause(s) of this accident as follows:
The pilot’s failure to maintain pitch control during takeoff after encountering a boat wake, which resulted in the airplane bouncing, impacting the water’s surface, and subsequently becoming submerged.
HISTORY OF FLIGHT
On May 24, 2014 about 1650 Pacific daylight time, an experimental, amateur built, Searey LSX amphibious airplane, N249PW, sustained substantial damage during takeoff at Banks Lake, about 5 miles southwest of Electric City, Washington. The airplane was owned and being operated by the pilot as a visual flight rules personal cross-country flight under the provisions of 14 Code of Federal Regulations Part 91. Visual meteorological conditions prevailed at the time of the accident, and the solo pilot received fatal injuries. The airplane was departing Banks Lake bound for Lake Washington, near Seattle, Washington.
On May 25, witnesses at Banks Lake told the National Transportation Safety Board (NTSB) investigator-in-charge (IIC) that the airplane had arrived at Banks Lake on Thursday, May 22. After landing the pilot had lowered the land wheels with the intent to taxi the airplane on to a beach. Approaching the beach the left main landing gear wheel struck a submerged berm damaging the landing gear and its supporting structure. The pilot, who was authorized to perform maintenance on the airplane, spent the next several days making temporary repairs, which included tying the damaged left landing gear leg, up to the left wing lift strut, and repairing a leaking through hull boot with tape.
After completing the repairs, the pilot attempted to takeoff from the lake.
On May 26, an additional witness told the NTSB IIC that he was on the lake fishing from his boat, when he heard and saw the airplane attempt to takeoff. He said the airplane started a high speed run but then the engine throttled back and the airplane turned toward the beach; as if returning to the beach. Then the airplane abruptly turned 180 degrees and started another high speed run. He said the water was choppy with the addition of numerous boat wakes. He said he thought the airplane was going 40-50 miles per hour when it encountered boat wake, the airplane bounced 4-5 feet in the air and then abruptly nosed down into the lake. The airplane came to an abrupt stop with a 20-30 foot high splash. The witness headed his boat toward the airplane. When he arrived the airplane's high wings were level with the surface of the water, and the pylon mounted engine was still running. Another boat had arrived prior to his, and swimmers were in the water attempting to recover the pilot from the submerged cabin.
PERSONNEL INFORMATION
The 60 year old pilot held a Private Pilot Certificate with ratings for; Airplane Single Engine Land, Airplane Single Engine Sea, Instrument Airplane, and Repairman Experimental Aircraft Builder. No personal flight logbooks were discovered for the pilot, and the aeronautical experience listed was obtained from a review of the pilot's FAA records on file at the Airman and Medical Records Center in Oklahoma City.
During his last FAA medical examination dated 7/18/2013 the pilot reported his flight experience included 861.3 total hours of flight experience, with 15.1 hours having been flown within the previous 6 months. The pilot was issued a Class 3, Limited Medical Certificate, with the stipulation that he must wear corrective lenses for near and distant vision.
AIRCRAFT INFORMATION
The airplane was an experimental amateur-built, tailwheel-equipped, high wing, amphibious Searey LSX, with a full flotation hull and retractable main landing gear. The airplane was powered by an aft-facing, pylon mounted Rotax 914 series engine, with a three-bladed composite pusher propeller.
No Airframe or engine logbooks were discovered for examination.
METEOROLOGICAL INFORMATION
The weather at the time of the accident was above basic visual flight rules minimums, and not considered a factor in this accident.
COMMUNICATIONS
A pilot friend, and a family member of the pilot, were observing the takeoff from a beach at the lake, and were in communication with the pilot via a handheld aviation communication radio. Their last communication with the pilot was to inform him that the airplane looked lower in the water than usual, and requested him to return to the beach. The airplane then turned toward the beach and appeared to be returning at a normal water taxi speed. Without further radio communication, the airplane abruptly turned away from the beach, added takeoff power, and made the final takeoff attempt.
WRECKAGE AND IMPACT INFORMATION
The airplane was observed and photographed by witnesses (boaters) before, during, and after the accident. The only wreckage of the airplane recovered from the lake was a section about 6 feet long, and 4 feet wide. The section was of the composite hull bottom, from the aft hull-step forward, and appeared to have separated along the bottom to side joint.
Photographs provided to the NTSB IIC by witnesses included, preaccident photos of the airplane at the beach undergoing repairs from the previous water taxi damage, a photograph of the airplane on the step during the final takeoff attempt, and a photograph of the airplane after impact with the water. In the final photograph the airplane is shown upright, with the high wings laying on the surface of the water, and the cabin area was submerged. The engine appeared intact and in place on the engine pylon. Witnesses reported that the engine was still running as boats approached following the accident. The elevator, vertical stabilizer and rudder appeared intact.
Swimmers cut the submerged pilot free from his harness and brought him to the surface, where he was placed in a boat and taken to a boat ramp where medical help was waiting.
Shortly thereafter the airplane sank in about 50 feet deep water. A subsequent search by local law enforcement using boats and divers, was unable to locate the submerged airplane. The airplane wreckage was not recovered from the lake.
MEDICAL AND PATHOLOGICAL INFORMATION
A postmortem examination of the pilot was performed under the authority of the Grant County Coroner, Moses Lake Washington, on May 2014. The examination determined that the cause of death was attributed to fresh water drowning, a significant finding was blunt force head trauma, and the manner of death was an accident.
Toxicology was performed at the Mike Monroney Aeromedical Center, Oklahoma City, Oklahoma, on July 1, 2014. No evidence of drugs or other abnormalities were noted.
14 CFR Part 91: General Aviation
Accident occurred Saturday, May 24, 2014 in Electric City, WA
Aircraft: KENNETH A BERGER SEAREY LSX, registration: N249PW
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. NTSB investigators either traveled in support of this investigation or conducted a significant amount of investigative work without any travel, and used data obtained from various sources to prepare this aircraft accident report.
On May 24, 2014 about 1650 Pacific daylight time, an experimental, amateur built, Searey LSX amphibious airplane, N249PW, sustained substantial damage during takeoff at Banks Lake, about 5 miles southwest of Electric City, Washington. The airplane was owned and being operated by the pilot as a visual flight rules personal cross-country flight under the provisions of 14 Code of Federal Regulations Part 91. Visual meteorological conditions prevailed at the time of the accident, and the solo pilot received fatal injuries. The airplane was departing Banks Lake for Lake Washington, near Seattle, Washington.
A witness told the National Transportation Safety Board (NTSB) investigator-in-charge (IIC) that the airplane had arrived at Banks Lake on Thursday, May 22. After landing on the lake, the pilot had lowered the land wheels with the intent to taxi the airplane on to a beach. Approaching the beach the left main landing gear struck a submerged berm damaging the landing gear and its supporting structure. The pilot who was authorized to work on the airplane spent the next several days making repairs to the airplane.
Another witness told the NTSB IIC that he was on the lake fishing from his boat, when he heard and saw the airplane attempt to takeoff. He said the airplane started a high speed run but then the engine throttled back and the airplane turned toward the beach as if returning to the beach. Then the airplane abruptly turned 180 degrees and started another high speed run. He said the water was choppy with the addition of numerous boat wakes. He said he thought the airplane was going 40-50 miles per hour when it encountered boat wake. The airplane may have bounced 4-5 feet in the air and then abruptly nosed down into the lake. The airplane came to an abrupt stop with a 20-30 foot high splash. He headed his boat toward the airplane. When he arrived the airplane's high wings were level with the surface of the water, and the pylon mounted engine was still running. Another boat had arrived prior to his and swimmers were in the water attempting to recover the pilot.
After recovery, the pilot was taken to a boat ramp where an ambulance was waiting.
Shortly thereafter the airplane sank in about 50 feet of water. The only part of the airplane recovered was an approximately 6 foot long section of the cabin hull bottom, from the aft hull-step forward.
Further examination of the airplane is pending, subsequent to its recovery from the lake.
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Ken Berger with his SeaRey, a plane he built from a kit, taken last December. Berger died in an accident in the same plane Saturday on Banks Lake in Eastern Washington. He was 60.
Monroe attorney and former long-time city councilman Kenneth Berger, 60, died the afternoon of Saturday, May 24, during a failed takeoff in an amphibious plane from the surface of Banks Lake in Eastern Washington.
Witnesses say the plane, a two-seat SeaRey LSX he built himself from a kit last year, attempted to take off and cleared the surface of the water before crashing back in nose first.
Nearby boaters dove to try to save his life and managed to get him out of his seat belt but CPR was not successful. He had been submerged about seven minutes.
A friend told press that Berger had flown with his wife to stay at Steamboat Rock State Park. He was alone in the plane when it crashed.
Ken Berger was an influential person in Monroe, a man whose small stature and quiet mannerisms belied an adventurous nature, a widely varied set of interests, and a taste for city politics.
As owner of printing company Calico Press and as a practicing attorney in Monroe, Ken Berger was first elected to the Monroe City Council in 1989 and was re-elected four times.
Parks were top among his priorities, and he was instrumental in the creation of the park at Lake Tye.
Berger stepped down following a PDC fine against him, at the time the largest in state history, over a $300 campaign donation that the state found he’d had a friend pass to another friend’s campaign.
But that didn’t end Berger’s interest in civic affairs. He was an active member of the Monroe Lion’s Club, of which his wife, Debra, was one of the two first women granted membership in 2010.
Berger was a do-it-yourself handyman as well; his law office and printing business occupied two historic homes that he joined into one; he built and rented townhouses and he also took pride in the water feature he installed in the front yard of his law practice.
An avid mountaineer, Berger had climbed Mt. Rainier 29 times and had planned to climb it again this year, in celebration of his 60th birthday.
He was also a long-time pilot, and made news when he crashed a six-seat Helio Courier into Lake Isabel, high in the Wild Sky Wilderness. He had been attempting a takeoff from the lake, but wasn’t able to gain critical altitude and had to make an emergency landing. Although it was October, he and his passenger swam to shore, climbed a cliff out of the lake, and hiked miles to find help.
The plane settled in 230 feet of water, but over subsequent summers, Berger hiked back to the lake with equipment until he and friends, one of whom was an accomplished diver, were able to attach inflatable airbags to the plane and raise it to the surface.
Berger then painstakingly restored the plane, renamed it “Isabel” after the lake, and resumed flying it in 2010.
Berger spent many hours in the air, and sometimes offered scenic flights as prizes in charity auctions, especially for the Lion’s Club, of which he was an active member.
Late last year, Berger was once again in the news for his love of aircraft; he had completed a three-year project of building a small two-seat SeaRey LSX amphibious plane from scratch. By then he had a decade of experience in the cockpit, and tested and flew his new plane successfully.
It was in that plane that he crashed Saturday.
This obituary is a work in progress, and we will add to it as we collect more details of his life, and the reflections of the people who knew him, as well as details about memorial services.
http://www.monroemonitor.com
Kenneth Berger
The Law Offices of Kenneth A. Berger, PLLC
Berger, who has been flying for about 10 years, spent the last three years building the plane.
Photo courtesy of Ken Berger
A SeaRey LSX, an amphibious plane that a Monroe attorney built from a kit, makes one of its first flights above the Sky Valley.
GRANT COUNTY, Wash.-- Grant County officials said the pilot of a small float that crashed into Banks Lake Saturday evening died.
Pilot Kenneth A. Berger, 60, of Monroe, was the only occupant of the plane that crashed near Steamboat Rock State Park, according to officials.
The Grant County Sheriff's Office said there were multiple witnesses to the plane crash. Witnesses said the nose of the plane tipped forward and into the water and sank as it was getting ready for take-off.
Officials said nearby boaters dove into the lake, unbuckled Berger's seatbelt, and brought him to an ambulance waiting on shore. Officials pronounced Berger dead a short time later.
The Federal Aviation Administration launched an investigation.
GRANT COUNTY, Wash.- The F.A.A. is investigating a plane crash that happened Saturday at Banks Lake near Steamboat Rock State Park. Officials say the small float plane was trying to take off when it hit a wave and sank.
Authorities have confirmed that 60 year-old Kenneth A. Berger was piloting Searey amphibious plane near Steamboat Rock State Park around 5 p.m. Witnesses said the plane went nose down while attempting to take off and sank in the water.
Citizens nearby boats dove into the lake and released Berger's seat belt. They then brought him to shore where a waiting ambulance was located. He was pronounced dead a short time later.
The pilot was the only person on board and that person has not been identified. An autopsy is pending.
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GRAND COULEE, Wash. - The pilot of a float plane was killed when his aircraft failed to take off and nosed over into Banks Lake Saturday.
According to witnesses at the scene, the aircraft was a float plane attempting to take off from Banks Lake but never gained altitude and nosed over into the water.
Witnesses report that some individuals at the scene cut the pilot out of the plane, but he had been underwater for approximately six to seven minutes and had died before they were able to reach him. The aircraft sank into the lake within 20 minutes.
The pilot was the only person on board the aircraft at the time of the mishap, according to witnesses.
Deputies from the Grant County Sheriff's Office along with local police from the Grand Coulee Dam area are on the scene.
http://www.kxly.com
GRANT COUNTY, Wash. — The investigation continues after the pilot of a small plane died in a crash at Banks Lake Saturday night, said officials with the Grant County Sheriff’s Office.
The crash happened near Steamboat Rock State Park at about 5 p.m.
Witnesses told deputies as the plane was attempting to take off, the plane crashed into the water and sank.
People in nearby boats dove into the water, released the pilot’s and brought him to the surface. The pilot was the lone occupant.
He was pronounced dead a short time later.
Authorities identified the pilot as 60-year-old Kenneth A. Berger of Monroe.
The Federal Aviation Administration will continue to investigate the crash.
Monroe attorney builds plane from scratch
December 3, 2013
Monroe News News
It takes a lot to scare Ken Berger.
Several years ago, he crashed a plane into Lake Louise high in the Wild Sky wilderness, returned to extract the plane from the bottom of the lake, rebuilt the plane and flew it again.
And this summer, he took to the air in a craft that had never been flown, built from scratch by someone who had never built a plane in his life; namely, himself.
“It’s pretty exciting,” said Berger, who, despite his measured and thoughtful speech, is no stranger to excitement. The Monroe attorney and former city councilmember is preparing to attempt his 30th summit of Mount Rainier next summer, in time for his 60th birthday.
The plane he built is a SeaRey LSX, made from a kit.
“You order the kit from the manufacturer and it doesn’t include a bunch of the parts,” said Berger. “You have to order those parts from elsewhere, and it’s your job to assemble it all.”
Berger was inspired to take the task because he so enjoyed rebuilding the plane he recovered from the lake.
Building the kit plane was no small task. It took exactly three years and three days from the September day he started in 2013 until he made his first flight.
Nor was it inexpensive; the kit starts at $34,000 and requires a lot of extra parts. But now Berger has the small two-seat amphibious plane in the air.
He admits that the first flight was a bit nerve-wracking.
“There’s a lot of pucker factor,” he said.
He could have hired a test pilot, a person who specializes in taking planes out for a first flight after a careful inspection and sometimes training specific to the plane.
But Berger, who has been flying for about 10 years, decided to do it himself, and since then has logged about 40 hours in flight in the small aircraft.
That completed Phase 1 testing of the plane.
In order to get the plane certified for airworthiness, it now has to undergo a thorough examination from an inspector from the Federal Aviation Administration.
“You can get it certified as an experimental airplane and you are given an airworthiness certificate that has some conditions on it; for instance, you can take one or more passengers, but it can’t be for commercial use,” said Berger. “They don’t let you take paying passengers.”
It took a lot of work to build the plane and was rather an expensive hobby, but Berger said it has been a lot of fun, and is still more economical than his larger, six-seat plane.
“SeaRey planes are quite fun, really,” he said. “I’m enjoying flying in it quite a lot. It’s very small and nimble and inexpensive to fly.”
http://www.monroemonitor.com
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