Dean Sawyer: Attorney circulating petition to gather voter signatures to recall mayor

Fuel Exhaustion: Cessna 172M Skyhawk, N9919V; accident occurred July 08, 2019 near Newport Municipal Airport (KONP), Lincoln County, Oregon

   

A Newport attorney has filed a petition with Newport’s City Recorder and the Secretary of State’s Office, to remove Mayor Dean Sawyer from office based on Federal Aviation Administration (FAA) findings that pilot Mayor Sawyer had violated numerous FAA flight rules. Those rules include “recklessly endangering life or property, failing to conduct mandated aircraft inspections and more than ten years of failing to undergo medical certifications required to fly aircraft.” For all of the above the FAA told Mayor Sawyer that he was barred from flying for 200 days and must comply with all FAA rules and regulations and be re-certified if he wants to fly an airplane again. 

Newport Mayor Dean Sawyer, right, is pictured next to the Cessna 172M Skyhawk, N9919V, that crashed on July 8, 2019.

Mayor Sawyer has maintained that the crash landing was not the result of running out of fuel because, he maintains, he had plenty of gas in his airplane. He says he had sufficient fuel for the the short flight north during which he gave his passengers a birds-eye view of migrating whales passing along the Oregon Central Coast. He said his aircraft suddenly began to lose power so he made a B-line back to Newport. But the plane’s power continued to degrade and all Mayor Sawyer could do was to find a flat piece of beach to land on. The landing was sufficiently rough that an adult woman passenger was seriously injured, but survived. Her son and Sawyer were not injured. Sawyer later arranged a money settlement to compensate the woman for her medical bills.

The FAA investigated the aircraft and apparently the issue of how much gas was aboard the aircraft could not be conclusively confirmed. Sawyer told the FAA inspectors that when he and his passengers took off they had plenty of gas. He said it’s a very short flight from the Newport Airport to Depoe Bay. Sawyer said no one expected a near disaster that described their belly flop landing on the beach just north of the Newport jetties.

Again, Mayor Sawyer was barred by the FAA from flying for 200 days. The FAA said there was probable, but not conclusive findings, that the crash was caused by the plane running out of gas. Mayor Sawyer contends that the plane suffered major damage on impact making a finding of whether or not there was enough fuel on board, difficult to determine. But he continues to maintain he had plenty of gas aboard when he and his passengers took-off to look at the whales.

Meanwhile Newport area Attorney Susan Reese Painter filled out a petition, filed it with Newport City Hall and with the Oregon Secretary of State’s Office, to remove Mayor Sawyer from office in connection with the plane crash and in light of his issues with little or no aircraft inspections while also failing to under-go medical certifications. All are required of American pilots under the supervision of the FAA.

The petitions to recall Mayor Dean Sawyer are expected to hit the streets soon.  Mayor Sawyer contends that he’s been a very positive, active mayor, helping to push Newport forward on a lot issues.  He said the plane crash should not overwhelm his commitment to Newport and its citizens in addition to his years of service as a police officer and a civic leader.

https://www.newslincolncounty.com

Fuel Exhaustion: Cessna 172M Skyhawk, N9919V; accident occurred July 08, 2019 near Newport Municipal Airport (KONP), Lincoln County, Oregon

Deborah Reasoner looks at an X-Ray image of her upper right arm, which shows the steel plate and screws that now hold the bone together. The fracture was one of many injuries she sustained as a passenger in Newport Mayor Dean Sawyer’s plane when it crash landed in 2019.

Sawyer took this picture while flying over the lighthouse on July 8, 2019.

Aviation Accident Final Report - National Transportation Safety Board 

The National Transportation Safety Board did not travel to the scene of this accident.

Additional Participating Entity:
Federal Aviation Administration / Flight Standards District Office; Portland, Oregon

Investigation Docket - National Transportation Safety Board:

https://data.ntsb.gov/Docket

https://registry.faa.gov/N9919V

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)