account for Captain Davis having been so appreciably off the airway.[1] He testified that he had turned to the right to avoid passing over the Florence Air Base. However, flight at any normal cruising altitude within the confines of the airway, even if it did necessitate passing near the Florence Base, would be above air traffic of the airport and consequently be less subject to collision hazard than flight off the airway. Although the DC3 had the right-of-way[2] there was a lack of vigilance on the part of Captain Davis, especially in view of his being off the airway and of his knowledge of the probable presence of fast military planes in the vicinity.
The Army pilot, Lieutenant Jones, had finished his specific practice maneuvers in an area set aside for such purpose and this protected from other flight traffic. The point he chose for practicing "aural nulls" was not in such a protected area although it was not restricted against such maneuvers. However, when he elected to practice in an unprotected area it became his responsibility to assure himself that it would not endanger other traffic. It is hazardous to fly for an extended period of time in a turn where all vision to the right side of the aircraft is obscured by the structure. Lieutenant Jones testified that he had been in the final turn for a minute of a minute and a half which at 220 m.p.h, would amount to as much as 5½ miles. In view of the fact that a light haze existed, which reduced the visibility at the altitude of collision to about 6 miles, Lieutenant Jones' judgment in so prolonging the turn was faulty.
Both pilots attempted to change altitude, one up, the other down, when they first saw one another immediately prior to the collision. However, the limited time and the high speed at which the planes approached each other, about 400 feet per second, made the collision inevitable.
With all the foregoing facts and considerations in mind the Board finds that:
- The pilot of the DC3 had deviated from course and was about 8 miles off the airway.
- The DC3, being to the right of the A-26, had the right-of-way according to the Civil Air Regulations.
– 5 –
- ↑ According to CAR Part 61.731. "Deviation from airway. No scheduled air carrier aircraft shall deviate from its prescribed airway or, if there be no airway, from an area between the two lines parallel to and 5 miles on either side of the center of the authorized route, except when operating in accordance with instructions issued by a certificated air-traffic control-tower operator or when circumstances render such deviation necessary as a safety measure. Any deviation of more than 25 miles on either side of the center line of the prescribed airway or authorized route shall be explained by the pilot in a written report to the Administration of Civil Aeronautics. Such report shall be made within 7 days after the completion of the flight."
- ↑ CAR 60.3401 states "Crossing. When two aircraft are on crossing courses at approximately the same altitude, the aircraft which has the other on its left shall have right-of-way, and the other aircraft shall give way."
