Location: Newport, Oregon
Accident Number: ANC19LA032
Date & Time: July 7, 2019, 17:00 Local
Registration: N9919V
Aircraft: Cessna 172
Aircraft Damage: Substantial
Defining Event: Fuel exhaustion
Injuries: 1 Serious, 2 Minor
Flight Conducted Under: Part 91: General aviation - Personal
Analysis
The pilot and two passengers were returning from a sightseeing flight. While cruising at an altitude of about 1,200 ft, the engine began to surge between 2,100 and 2,600 rpm. To correct for the surging engine, the pilot switched fuel tanks, enriched the fuel mixture, and applied full throttle, to no avail. Unable to maintain altitude and to avoid undue harm to persons on the ground, he selected an area of hilly, sand-covered terrain for an emergency landing. During the emergency landing, the airplane sustained substantial damage to the wings and fuselage.
The pilot stated that, the day before the accident, the left and right fuel gauges indicated about 3/4 full and 1/4 full respectively; however, he said it was possible that he had run out of fuel.
The airplane had not undergone an annual inspection in 4 years. Postaccident examination revealed that the main fuel line to the carburetor had separated at the carburetor casing and the strainer cable had stretched, releasing any contents that may have been present in the gascolator during the accident sequence. The carburetor half screws were in and safetied but loose and did not appear to be torqued. Brown deposits were observed on the exterior of the carburetor emanating from the carburetor half seam. Although it is evident that the carburetor had been leaking for an undetermined time, blue streaking would have been more likely if a significant and recent fuel loss had occurred. No fuel was found in the remainder of the fuel system, including the wing tanks, associated lines, and carburetor bowl.
Based on the lack of fuel present in the fuel system, it is likely that the pilot miscalculated the amount of fuel onboard before the flight, which resulted in fuel exhaustion and a subsequent loss of engine power.
Probable Cause and Findings
The National Transportation Safety Board determines the probable cause(s) of this accident to be:
The pilot's improper verification of the fuel quantity during the preflight inspection, which resulted in fuel exhaustion and a subsequent total loss of engine power.
Findings
Personnel issues Fuel planning - Pilot
Personnel issues Incorrect action performance - Pilot
Aircraft Fuel - Fluid level
Factual Information
On July 8, 2019, at about 1700 Pacific daylight time, a Cessna 172 airplane, N9919V, sustained substantial damage during a forced landing following a loss of engine power while in cruise flight near Newport, Oregon. The private pilot and one passenger sustained minor injuries and one passenger sustained serious injuries. The airplane was registered to and operated by the pilot under the provisions of 14 Code of Federal Regulations Part 91 personal flight. Visual meteorological conditions prevailed, and no flight plan had been filed. The flight departed Newport Municipal Airport (KONP), Newport, Oregon for a local whale watching flight.
According to the pilot, after locating and circling a pod of whales for viewing, they had decided to return to KONP. While in level cruise flight about 1,200 ft above mean sea level (MSL) the engine began to surge with the rpm fluctuating between 2,100 and 2,600 rpm. In an effort to correct for the surging engine, the pilot switched fuel tanks, enrichened the fuel mixture and applied full throttle, to no avail. Unable to maintain altitude, and in an effort to avoid undue harm to persons on the ground, he selected an area of hilly, sand covered terrain for an emergency landing. During the emergency landing the airplane sustained substantial damage to the wings and fuselage.
In a telephone conversation with a Federal Aviation Administration (FAA) aviation safety inspector (ASI), the pilot stated that the airplane had not had an annual inspection in about 3 years, he had not had a biennial flight review in 5 or 6 years and he did not have a current medical certificate.
A review of FAA records revealed that the pilot's most recent third-class medical was issued July 30, 2004 with the limitation that he must wear corrective lenses and would have expired on July 31, 2006.
Title 14 Code of Federal Regulations Part 61.23 – Medical Certificate; requirement and durations, states in part:
(a) Operations requiring a medical certificate. Except as provided in paragraphs (b) and (c) of this section, a person
(3) Must hold at least a third-class medical certificate -
(i) When exercising the privileges of a private pilot certificate, recreational pilot certificate, or student pilot certificate, except when operating under the conditions and limitations set forth in §61.113(i);
Title 14 Code of Federal Regulations Part 61.56 – Flight Review, states in part:
(c) Except as provided in paragraphs (d), (e), and (g) of this section, no person may act as pilot in command of an aircraft unless, since the beginning of the 24th calendar month before the month in which that pilot acts as pilot in command, that person has -
(1) Accomplished a flight review given in an aircraft for which that pilot is rated by an authorized instructor and
(2) A logbook endorsed from an authorized instructor who gave the review certifying that the person has satisfactorily completed the review.
According to the National Transportation Safety Board's (NTSB) Pilot/Operator Aircraft Accident/Incident Report submitted by the pilot the airplane's last annual inspection was completed on June 2, 2015.
Title 14 Code of Federal Regulations Part 91.409 Inspections, states in part:
(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had—
(1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by §43.7 of this chapter; or
(2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.
Wreckage recovery personnel independently confirmed that no fuel was recovered from the airplane's wing tanks, or fuel lines that were removed for recovery.
In a conversation with the NTSB investigator-in-charge (IIC) the pilot stated that the carburetor float had been replaced, and previous mechanical problems with the airplane included a fuel drain on the engine that was difficult to close, and the carburetor leaking fuel. In addition, he stated that he had visually verified two days before the accident that the airplane had about ½ tanks and the day before the accident the fuel gauges indicate about ¾ full and ¼ full respectively; however, it was possible he had
run out of fuel.
An examination of the airplane by an ASI with the FAA revealed that the main fuel line to the carburetor had separated at the carburetor casting during the accident sequence, and the strainer cable had stretched releasing any contents that may have been present in the gascolator. However, no fluid was discovered in the remainder of the fuel system including the carburetor bowl. In addition, during removal of the carburetor bowl it was discovered that the carburetor half screws were in and safetied but loose and did not appear to be torqued, with evidence of fuel leakage at the carburetor half seem.
The closest weather reporting facility is Newport Municipal Airport (KONP), Newport, Oregon. At 1750, a METAR from KONP was reporting in part: wind, 310 at 8 knots; visibility, 10 statute miles; sky condition, clear; temperature, 62° F; dew point 57° F; and an altimeter setting of 30.02 inches of mercury.
History of Flight
Enroute-cruise Fuel exhaustion (Defining event)
Emergency descent Collision with terr/obj (non-CFIT)
Pilot Information
Certificate: Private
Age: 66,Male
Airplane Rating(s): Single-engine land
Seat Occupied: Left
Other Aircraft Rating(s): None
Restraint Used: Unknown
Instrument Rating(s): None
Second Pilot Present: No
Instructor Rating(s): None
Toxicology Performed: No
Medical Certification: Class 3 With waivers/limitations
Last FAA Medical Exam: July 30, 2004
Occupational Pilot: No
Last Flight Review or Equivalent:
Flight Time: (Estimated) 1105 hours (Total, all aircraft), 985 hours (Total, this make and model), 1105 hours (Pilot In Command, all aircraft), 1 hours (Last 90 days, all aircraft), 1 hours (Last 30 days, all aircraft)
Aircraft and Owner/Operator Information
Aircraft Make: Cessna
Registration: N9919V
Model/Series: 172M
Aircraft Category: Airplane
Year of Manufacture: 1974
Amateur Built: No
Airworthiness Certificate: Normal
Serial Number: 17264555
Landing Gear Type: Tricycle
Seats:
Date/Type of Last Inspection: June 2, 2015 Annual
Certified Max Gross Wt.: 2299 lbs
Time Since Last Inspection:
Engines: 1 Reciprocating
Airframe Total Time:
Engine Manufacturer: Lycoming
ELT:
Engine Model/Series: O-320 SERIES
Registered Owner:
Rated Power:
Operator: On file
Operating Certificate(s) Held: None
Meteorological Information and Flight Plan
Conditions at Accident Site: Visual (VMC)
Condition of Light: Day
Observation Facility, Elevation:
Distance from Accident Site:
Observation Time: 00:50 Local
Direction from Accident Site:
Lowest Cloud Condition: Clear
Visibility: 10 miles
Lowest Ceiling: None
Visibility (RVR):
Wind Speed/Gusts: 8 knots /
Turbulence Type Forecast/Actual: /
Wind Direction: 310°
Turbulence Severity Forecast/Actual: /
Altimeter Setting: 30.02 inches Hg
Temperature/Dew Point: 18°C / 14°C
Precipitation and Obscuration: No Obscuration; No Precipitation
Departure Point: Newport, OR
Type of Flight Plan Filed: None
Destination: Newport, OR
Type of Clearance: None
Departure Time: 15:30 Local
Type of Airspace: Unknown
Wreckage and Impact Information
Crew Injuries: 1 Minor
Aircraft Damage: Substantial
Passenger Injuries: 1 Serious, 1 Minor
Aircraft Fire: None
Ground Injuries: N/A
Aircraft Explosion: None
Total Injuries: 1 Serious, 2 Minor
Latitude, Longitude: 44.580276,-124.058052(est)
Newport mayor likely at fault for running out of fuel on flight that crash-landed, FAA says
NEWPORT — Newport Mayor Dean Sawyer’s 2019 plane crash was probably caused by his failure to verify the aircraft’s fuel levels prior to a whale-watching flight, federal investigators said, and he ran out of fuel, forcing an emergency landing that seriously injured one of two passengers.
An investigation by the National Transportation Safety Board also found that Sawyer failed to renew his medical certification since 2006, had not undergone the mandatory two-year flight review for five or six years and did not subject his small aircraft to required annual inspection for four years.
The Federal Aviation Administration said Sawyer’s pilot certificate was suspended for 200 days as of Jan. 8. The mayor denied that his certificate was currently suspended and said the true cause of the crash would never be determined because of the condition of the wreckage.
The NTSB report on the 2019 crash was issued in December. The News-Times learned of it recently.
Sawyer, a retired law enforcement officer first elected as mayor in 2018 and re-elected in November 2020, crash landed his Cessna in the dunes near the north jetty of Yaquina Bay on the afternoon of July 8, 2019, following a whale-watching excursion with Deborah Reasoner, of Molalla, and her 7-year-old grandson.
Sawyer and the child sustained minor injuries and were treated at Samaritan Pacific Communities Hospital in Newport. Reasoner’s injuries were serious, and she was taken by Life Flight helicopter to a hospital in Portland. Sawyer’s airplane was a total loss.
In a lawsuit filed one week after the crash, Reasoner said she sustained “a severe spiral fracture of her right arm, fracture of her right leg, a severe subdural hematoma and traumatic brain injury.” The suit alleged that Sawyer was negligent for “failing to properly monitor the fuel in flight” and “failing, during preflight, to check the fuel level of the aircraft, which would have resulted in the discovery that the aircraft did not have adequate fuel for safe flight.” Reasoner asked for $1.5 million in punitive damages, medical costs and lost wages.
In March 2020, Judge Sheryl Bachart dismissed the suit with prejudice, which indicates it was settled out of court. Reasoner’s attorney, Todd Huegli, of Portland, told the News-Times he could only say that the matter had been resolved.
According to the NTSB’s report, an aviation inspector spoke to Sawyer by phone on the day after the crash. After finding a pod of whales, the mayor told the inspector, he was headed toward the Newport airport when the engine started to surge near the Nye Beach access point. Sawyer said he enriched the fuel mixture, increased to maximum throttle and switched fuel tanks, but the surge got progressively worse.
Losing altitude, “he considered landing in between the jetties at Newport (in the Yaquina River), but said he knew they would all die if he did that,” the report reads. “He considered the hard pack beach, but there were too many people on it, so he made a left 60-degree turn and landed in the dunes.”
The inspector asked Sawyer where the maintenance records for the aircraft were, to which he replied, “I might as well tell you now because you’re going to find out anyway, I haven’t had an annual on the plane for about three years, I don’t have a [biennial flight review] and I don’t have a medical,” according to the report.
Federal regulations require aircraft to be inspected annually to ensure good working order. Pilots must maintain a current medical certificate to screen for conditions that could make flying hazardous and submit to a flight review every two years under observation of an experienced operator. Sawyer told the inspector it had been five or six years since his last flight review. A review of FAA records found his medical certificate expired in 2006.
The report says Sawyer told the inspector, “It’s one of those things that has been on my list, but there are no good biennial flight review people here in Newport, so it’s too hard to get one done. “
Sawyer told the aviation inspector he’d visually verified the fuel level the day before the crash, and the plane’s two tanks were at 3/4 and 1/4 full.
According to the NTSB report, the airplane had not undergone an annual inspection in four years, and an examination of the wreckage revealed the fuel system might have had an existing slow leak. “The carburetor half screws were in and safetied but loose and did not appear to be torqued,” the report reads. “Brown deposits were observed on the exterior of the carburetor emanating from the carburetor half seam. Although it is evident that the carburetor had been leaking for an undetermined time, blue streaking would have been more likely if a significant and recent fuel loss had occurred. No fuel was found in the remainder of the fuel system, including the wing tanks, associated lines and carburetor bowl.”
The NTSB found that the probable cause of the crash was “the pilot’s improper verification of the fuel quantity during the preflight inspection, which resulted in fuel exhaustion and a subsequent total loss of engine power.”
Sawyer said he was unaware of the report until the News-Times asked him to comment. He said the investigation into the crash was “inconclusive due to the fact that it had a forced landing, and there was damage to the aircraft fuel system components. We will never know what actually occurred.”
The mayor said work had been done on the carburetor prior to the crash. “When they report that the screws were not safety wired, that causes me a little pause,” Sawyer said. “Also, I am confident that when I left I had enough fuel for the intended flight that we made.” He pointed to a report of Newport Fire Department’s radio traffic during the incident, in which a first responder reported smelling gas.
The mayor denied that his certificate was suspended. “I have my pilot certificate right here. I’m not being suspended. They’ve closed this case. It’s done,” Sawyer said. He said he did receive a 90-day suspension last year for not having his medical certificate, but that suspension is expired. He said he has been unable to get the medical certificate updated, and he no longer has a craft in which to undergo a flight review.
An FAA spokesperson confirmed that agency’s database lists Sawyer’s certificate as suspended as of a Jan. 8 action, for a duration of 200 days. The News-Times filed a public records request for details on the FAA’s enforcement action.
“I can’t think of any reason at all why this would affect his ability to perform his duty as mayor,” Council President CM Hall said. “My heart breaks for everyone involved. No one wanted anyone to get hurt.” City Councilors Ryan Parker and Dietmar Goebel declined to comment on the matter.
Newport resident Susan Painter contacted the News-Times about the report. “It is highly disturbing that Mr. Sawyer put not only his passengers but also the community at large at such risk by flying an airplane that was not properly inspected and without an appropriate medical certificate,” Painter wrote in an email.
A lawsuit has been filed against Newport’s mayor, following a July 8, 2019 plane crash. As KLCC’s Brian Bull reports, Mayor Dean Sawyer was the pilot.
A previous report from the Oregon State Police said Sawyer noticed a mechanical problem while flying over the Depoe Bay area, and chose to do an emergency landing near the Yaquina Bay Lighthouse.
But one of his two passengers, 61-year-old Deborah Reasoner, alleges that Sawyer failed to both maintain control and adequate fuel levels, leading to the crash. She is seeking more than a million dollars in damages, citing emotional distress as well as physical injuries that led to her hospitalization in Portland.
Neither Sawyer nor Reasoner’s attorney returned calls requesting comment for this story. Lincoln County Circuit Court records show Judge Sheryl Bachart has been assigned the case.
Another passenger, a 7-year-old boy, was also in the plane. Like Sawyer, he was released with minor injuries after the incident.
Officials say Mayor Sawyer has been a licensed pilot for forty years.
