Pilot Briefing

Judge dismisses Cessna product liability suit

After years of legal wrangling, Cessna Aircraft Company has prevailed in the latest challenge to a 1994 law written to revitalize the general aviation industry. The ruling in Arizona set precedent after the judge denied the plaintiffs' arguments for exceptions to this relatively simple but groundbreaking change in the product liability world.

On October 9, 2000, William Don Carlos and his wife, Pauline, were returning from Mexico in their Cessna P210N, a trip they had made several times before. On final approach to landing at Phoenix Deer Valley Airport in Arizona, William, the pilot, with more than 2,000 hours of flight time, reported an engine failure about a mile and a half from the runway. The couple died after the airplane hit electrical lines and struck the ground during an attempted forced landing, according to the NTSB.

"The accident occurred because the pilot failed to follow the clear directions accompanying the airplane to always land on the more full of the two fuel tanks," the defense argued. "He ran the selected tank dry, failed to switch to the other tank which contained more than sufficient fuel, and was unable to reach the nearby airport."

The couple's children then sued Cessna. At the center of the lawsuit was the General Aviation Revitalization Act (GARA), a measure that Congress passed nine years ago, with the support of AOPA and other aviation organizations seeking to bring back jobs and maintain America's edge in the small-aircraft segment of the industry. Recognizing that most problems are discovered in the early part of an airplane's life, it protects aircraft manufacturers from product liability lawsuits for defects on aircraft older than 18 years. Because the airplane in question was purchased in 1980 and the accident occurred in 2000, it fell under GARA unless the plaintiffs' attorneys could take advantage of small loopholes in the law.

Citing a previous case, Caldwell vs. Enstrom Helicopter Corporation, the plaintiffs argued that the flight manual constituted an aircraft component, as it is required to be in the airplane, and revising it (regarding fuel management in this case) would require rolling back the 18-year clock to zero. As another way to dodge GARA, the plaintiffs also claimed that Cessna "concealed, withheld, or knowingly misrepresented" information about the fuel system and restart procedure to the FAA during the type certification of the airplane. Neither contention made it to trial.

On May 29 Superior Court of Arizona, Maricopa County, Judge Gary Donahoe dismissed the suit. He found that Cessna did not revise its flight manual, per se; rather the FAA modified it by issuing an airworthiness directive. He also found no evidence that the modification caused the accident. The judge also found no evidence that Cessna deceived the FAA during certification.

"I predicted the Enstrom case would lead to the allegation that the GARA defense did not apply simply because a change had been made in the pilot's operating handbook," said Cessna attorney Ron Williams. "This creates another reason for manufacturers to be reluctant to make amendments to these flight manuals. This is a very bad public policy. This judge made it clear the plaintiffs [had] better specifically show that the changes to the POH caused the accident before they bring that into court."

Schiff wins aviation writing award

Longtime AOPA Pilot columnist and contributing writer Barry Schiff was honored with the Aero-Club de France Award for "best general aviation submission" during the prestigious Aerospace Journalist of the Year Awards in June. It was the only pure GA award given during the event that preceded the Paris Air Show. Schiff won for "The Spirit Flies On," published in the May 2002 Pilot, about flying the Spirit of St. Louis replica built by the Experimental Aircraft Association (EAA) and marveling over Charles Lindbergh's feat. First presented in 1996, the awards are organized by the London-based World Leadership Forum in conjunction with the Royal Aeronautical Society. This year's event attracted more than 500 entries across 16 categories, ranging from news to safety-related submissions.

Potomac Tracon in full operation

The FAA has completed the consolidation of five terminal radar approach control (tracon) facilities into the new Potomac Tracon, located west of Washington, D.C., in Vint Hill, Virginia. The facility incorporates tracons previously located at Washington Dulles International, Reagan Washington National, Baltimore-Washington International, and Richmond International airports as well as Andrews Air Force Base.

In April, air traffic controllers from Baltimore were the last of 162 controllers to move into the new facility; Dulles controllers were first, in December 2002. Potomac Tracon employs about 300 people and handles an average of 5,000 flights per day; it's responsible for some 23,000 square miles of airspace that stretches from the surface to Flight Level 230.

Inside and out, Potomac Tracon shares little resemblance with the facilities it replaced. The operations room, where the controllers work, is round, with workstations arranged in concentric circles. Traffic management (flow control) and other management and supervisory functions occupy the inner circles, while sector controllers are located around the perimeter of the room. Instead of the old monochrome cathode-ray-tube displays, controllers sit in front of modern color flat-panel computer displays. Most knobs, switches, and buttons have been replaced by touch-screen technology.

Still in development is Mosaic, a collage presentation of radar sensors, scheduled for completion later this year. For now, controllers can choose the radar feed to their Lockheed Martin Common Automated Radar System displays from among nine terminal radar sensors and four long-range radars.

But with the move, the project is only halfway completed. The next phase is integration of the terminal airspace.

Later this year, the FAA will begin implementing a redesign of the Potomac airspace in the Baltimore-Washington area. Under the current design, which has been in place for about 20 years, the local airspace was rigidly portioned among the four airports. That resulted in fixed routes for safety reasons as airplanes flew from one airport's airspace to another's. Removing these barriers will allow aircraft to fly more direct routings, reach higher altitudes more quickly on departure, and stay at higher altitudes for a longer time on arrival — saving time and money, and reducing noise levels to local residents.

"The greatest benefits will be achieved when we redesign the airspace," said Alan Hendry, project manager. "That's the second part of this consolidation." The primary goal of the consolidation is to enhance safety, he said, and the next is to increase efficiency. "With this facility we can do both."

In general, most of the airspace changes will be made more than five miles from airports — so that noise-abatement programs will not have to change — and within 75 miles of Washington, D.C. Airspace changes are expected to be introduced in several increments between now and next spring or summer.

When fully implemented next year, the new routes in the redesigned airspace are expected to save airspace users — airlines, general aviation, and the military — an estimated $25 million annually, primarily through fuel savings.

The Washington Metropolitan Air Defense Identification Zone (ADIZ) has had a significant effect on the new tracon, adding as many as 2,000 operations a day. "On a nice VFR day [the ADIZ] has a significant impact on this facility," Hendry said. "In the past, bad-weather days were the busy days. Now, good-weather days are the busy days." — Michael P. Collins

Squawk Sheet

The FAA has adopted a new airworthiness directive (AD) for certain Piper twins designed to prevent fire or explosion in the cockpit. AD 2003-11-14 applies to Piper models PA-34-200T, PA-34-220T, PA-44-180, and PA-44-180T that have had model 91E92-1 or 91E93-1 combustion heater fuel pumps installed. The AD requires owners to make a one-time inspection of the pumps for leakage, and if leakage is found, repair or replace the fuel pumps. The AD is effective June 20.

The FAA has proposed two ADs for Cessna twin-engine airplanes that would require repetitive inspection of wing spar caps for cracks and the installation of a spar strap kit. The FAA estimates the cost of initial AD compliance at $29,000 to $43,000 per airplane depending upon aircraft model. Industry compliance estimates are as high as $70,000 per airplane. The proposed actions apply to Cessna 401-, 402-, 411-, and 414-series airplanes. "These ADs are based on manufacturer analysis rather than actual instances of service difficulties related to the area of concern," said Andy Werking, AOPA associate director of regulation and certification policy. "AOPA opposes the proposed actions on this basis, and is coordinating comment and response with appropriate aircraft type clubs and organizations." Comments on both proposed ADs are due by August 8.

The FAA has proposed an AD for certain Piper airplanes that would require owners to inspect the rudder torque tube and associated ribs for corrosion and replace the rib/rudder torque tube assembly if necessary. Proposed AD 2003-CE-03-AD applies to Piper models PA-31, PA-31-300, PA-31-325, PA-31-350, PA-31P, PA-31T, PA-31T1, PA-31T2, PA-31T3, and PA-31P-350 airplanes. The FAA is concerned about the loss of rudder control. The comment period ends August 11.

Wright 'Flyer' replica flies in Illinois

A group of pilots and builders in Glen Ellyn, Illinois, have successfully flown a replica of the 1903 Wright Flyer for 137 feet, but using a 20-horsepower lawn-mower engine for propulsion (the Wright brothers had only 12 hp).

The April 27 flight was captured by a crew from The History Channel that is filming the efforts of a group called The Wright Redux Association ( www.wrightredux.org) to recreate the Wright brothers' first powered flight. The aircraft dubbed Spirit of Glen Ellyn is to fly on the grounds of Chicago's Museum of Science and Industry on December 17, using a replica of the engine built by the Wrights and mechanic Charles E. Taylor. Pilot Ken Kirincic, who trained by reading books and flying a Wright glider replica built by Nick Engler of the Wright Brothers Aeroplane Company, thinks he may have learned something fundamental that may or may not apply to the world's first powered airplane: The one he flew can't fly without wind, and it can't maneuver — if it goes into a turn, it's probably not coming out.

At the time it landed from its successful flight it was veering into a right turn. Pitch proved more controllable, however, and Kirincic was able to hold the aircraft to between 18 and 30 inches above the ground during the flight. The group tried to fly the aircraft a second time, but it failed to attain flying speed and was damaged as it came off the launch rail. It has now been repaired. The decision to try an actual flight came early on April 27 during a tethered flight aboard a trailer pulled at low speeds into the wind. The aircraft, which the FAA certified in the Experimental category in March, broke a landing skid while hopping up and down on the trailer. The team decided then that if it was going to be damaged, it should happen in an attempt to fly. That decision led to the aircraft being repaired and flown later that day. — Alton K. Marsh

Beech Starships head for boneyard

The Beech Starship wowed the crowds when it first appeared at Dallas Love Field during the National Business Aircraft Association convention in 1983. Now it appears that the Starship, a marketing disappointment, is playing to a packed house once again — if you can call an Arizona boneyard a packed house. Some of the 53 sleek composite, canard-design airplanes, powered by two turboprop engines in a pusher configuration, were sold. Now the remaining Starships are showing up at Evergreen Air Center located on Pinal Airpark at Marana, Arizona, according to a source who spoke on condition of anonymity. A lot of planes go into the Evergreen storage center, but very few ever come out. Most slowly lose their usable parts and finally just fade away. Raytheon Aircraft officials would not comment on the appearance of the Starships in Arizona. It appears some Beech 1900 regional aircraft are headed to Arizona as well. At least they'll have family with which to spend their parting-out years. — AKM

'Memphis Belle' in restoration

The historic Boeing B-17 Memphis Belle — which has sat on static display in the Memphis area since 1946 — has come under the protection of a group of Memphis-area volunteers who plan to restore the aircraft to near-flying condition and house it in a climate-controlled museum. It is still the property of the U.S. Air Force, but will be left in Memphis as long as it can be cared for properly.

For 16 years the aircraft sat on Mud Island River Park in Memphis until the city decided it wanted the aircraft removed. Prior to that time it sat outside a National Guard armory. The aircraft was moved to Millington Municipal Airport, Tennessee, on March 29, where a $100,000 restoration effort is continuing. Funds for the museum will be raised in the future. The aircraft will not fly, since its historic value is considered too great to risk. For more information, visit the Web site ( www.memphisbelle.com). — AKM

ePILOT Headliners

Recent news from AOPA's weekly e-mail newsletter

Robinson secures first lightweight helipad

Frank Robinson has landed. The owner of the Robinson Helicopter Company recently ushered in a new era in Southern California transportation by landing a Robinson R44 on one of the company's new lightweight helicopter pads.

Lancair Columbia 350 certified

The Lancair Columbia 350, the version of the Columbia 300 with an upgraded electrical system, has received FAA certification. It has a dual-bus electrical system while the 300 has dual vacuum pumps.

Four-seat RV completes test flight

At the Van's Aircraft factory in Aurora, Oregon, a four-seat prototype kitplane, the RV-10, has flown for the first time. It is the company's first four-seat model and is designed to accept the six-cylinder 260-hp Lycoming IO-540 engine.

NTSB releases Swearingen crash details

The April 26 crash of a Sino Swearingen SJ30-2 test aircraft in Texas that resulted in the death of test pilot Carroll Beeler, 59, occurred after the aircraft entered a slow, uncontrollable barrel roll, according to an NTSB preliminary report.

Cirrus sees international growth

Cirrus Design is continuing to see its international market grow. The company recently delivered an SR22 to its first Russian customer, a flying club in Moscow.

Socata gears up for production increase

Officials at EADS Socata forecast a good year for the company's single-engine turboprop, the TBM 700. Estimates are that 43 of these 300-knot airplanes will be delivered this year.

Taylorcraft gets new owner

Rights to the Taylorcraft line have been sold to former automotive dealer Harry Ingram of La Grange, Texas, who is also a pilot and aviation enthusiast. He has quietly put the Taylorcraft F-22-series aircraft back into production in a former cabinet factory near the Fayette Regional Air Center in La Grange.

First new Micco SP26 out the door

After a long hiatus and a change in ownership, the Micco SP series of aircraft is back in production under a new FAA production certificate.

Now you can receive a customized version of the free AOPA ePilot e-mail newsletter tailored to your interests. To customize your weekly newsletter, see AOPA Online ( https://www.aopa.org/apps/epilot/).

Gang members turn to aviation

Five members of a Riverside, California, gang have taken a positive turn toward aviation, thanks to a federal grant and local support. The young men have been spending three hours a day re-covering the control surfaces of a Douglas DC-3, being restored by the Commemorative Air Force (CAF) of Riverside. The program came about through a federal Youth Opportunity Grant, administered under the auspices of the Thomas W. Wathen Foundation and the Polyfiber Corporation of Flabob Airport in partnership with the Jurupa Unified School District. The program, for 16- to 17-year-olds, has helped one student enroll in a four-year college. The boys have decided to seek productive careers in aviation or a related industry.

Members in the news

James M. Doyle, AOPA 892014, has published Flying Through Time, about using a Boeing Stearman biplane for time traveling. Doyle retraces the wartime journeys of his own airplane as he flies it twice across the country and touches down at each of the eight military bases where the airplane served as a trainer. The author meets and flies with the pilots who learned in the Stearman and went on to fight the war. Published by Brassey's Inc., the book sells for $27.95 and is available in bookstores.

Domenic DeNardo, AOPA 245701, was one of the winners of Aviation Week & Space Technology magazine's "Best of the Best" 2002 Aviation/Aerospace Art awards. The painting No Quarry Today depicts Capt. Don Gentile and Lt. John Godfrey of the 4th Fighter Group, 336th Fighter Squadron in 1944. The pilots were heralded by the Air Force as the top leader/wingman duo in the European Theater. Limited edition prints are available for $125 plus $10 for shipping and handling. Telephone DeNardo's studio, 401/421-2651.

Jeffrey Baum, AOPA 492938, was named Wisconsin Aviation Person of the Year by the Wisconsin Airport Management Association. Baum was honored for his entrepreneurship in initiating and completing construction of a $2.5 million 15,000-square-foot general aviation terminal at Dane County Regional-Truax Field in Madison, Wisconsin. The building itself was recognized at the state level for its futuristic design.

Daniel M. Keen, AOPA 742306, is coach of the Purdue University Flight Team, and the team recently received the Loening Trophy at the National Intercollegiate Flying Association's Safecon 2003 national competition. This trophy was first awarded in 1929 to the team that displayed outstanding competition performance, air safety, and active participation in its local community.

Alex S. MacLean, AOPA 461236, has published Designs on the Land, Exploring America From the Air, a photographic study of the country in all its varied landscapes from open plains to bustling suburbia. For 30 years MacLean, a trained architect, has been taking photos from the air with a keen interest in the effects of time, geological movements, pollution, and urban sprawl. The new collection provides more than 400 photos. Published by Thames & Hudson, the book sells for $39.95 and is available in bookstores.

Warp: Control from past to future

By Julie K. Boatman

The Wright brothers flew rather nattily dressed, always in suit and tie, their riding caps set with the brim down. So it makes sense for me to be trying the Wright Flyer on for size while wearing a suit and heels.

Microsoft offered the controls of its Flyer simulator at press events this past spring, and just a few moments in the hip cradle was enough to drive home the challenge of flying the unstable craft. The Wrights must have often lost their caps in pursuit of flight, as I would have surely lost mine had I worn one — and that was in the sim.

Around 1900, mechanized inventions sprouted like hay in the spring: Autos such as the Model A Rambler, built by the Thomas B. Jeffery Company, and the first Mercedes (Benz didn't join forces with Mercedes until 1926) would hit the scene that year and the next. Like the Wrights, the inventors of these machines also grappled with questions of control. The Baker Electric "runabout," built in Cleveland, not far from Dayton where the brothers toiled, had a power lever next to the driver's seat, with two gears — forward and backward — and a tillerlike steering device. It first debuted in 1902, while the Cadillac Model A had a steering wheel and was introduced the same year. However, there were still few automobiles in circulation at the turn of the century, and most were owned by the elite, who engaged chauffeurs to drive and maintain them. In that period, would-be pilots were more likely to have operated a tiller on a sailboat — and that's what the control stick that the Wrights eventually devised most closely resembled. However, this control stick evolved from trial and error. The Wrights took certain cues from Otto Lilienthal's hang gliders for their Flyer, but when it came to controls, the brothers had different ideas. While Lilienthal flew suspended from his craft, turning by shifting his body weight, the Wrights determined that their pilot would lie prone within the vehicle itself. From this they developed a hip cradle to manage what would become one of their greatest contributions to controlled flight: wing warping.

When playing with a cardboard box leftover from the sale of a custom bicycle inner tube, Wilbur hit upon a critical element of wing warping, according to The Wright Brothers Legacy (Burton and Findsen; Abrams Books 2003): When one side twisted, the other end twisted in the opposite direction. Wilbur translated this motion to the control surfaces of their 1900 glider. The glider had a forward elevator controlled by a hand bar and wing warping operated by foot controls, both used by a person lying prone in the glider.

If the brothers were discouraged after a disappointing 1901 season — in which they flew their largest glider yet, with a wingspan of 22 feet — it was because of the glider's lack of controllability. From their research, they determined the necessity of a rudder attached to a vertical fin, steerable in conjunction with the wings as they warped. They applied this idea to their next glider, and Wilbur put it into a turn for the first time on October 24, 1902.

When the brothers assembled the Flyer in 1903, they had a machine with all the modern components necessary for flight: wings for lift, a vertical fin for stability, and an engine for thrust. For control, the Flyer had an elevator in front, a rudder in back, and twin sets of warping wings in place of today's ailerons.

The Wrights moved to a seated pilot position and upright hand controls with the prototype airplane made in 1908 for the U.S. Army Signal Corps. Additionally, another seat with dual controls was added at this time. The pilot controlled the throttle with the left hand, and the wing warping, rudder, and elevator with the right hand. The pilot sat in the left seat. In 1909, on a Model B aircraft, the brothers modified this scheme for their first "left-handed" pilot, Walter Brookins, who sat in the right seat and worked the wing-warping controls with his left hand. That way he could train students sitting in the left seat. A foundation for modern instructing was born.

The first control wheels were installed in a specially built Wright airplane — two steering wheels connected with what looked to be a bicycle chain. The airplane was deemed easier to fly with the wheels than the steering sticks, Rs they were referred to then. Today, controls have evolved into the side sticks seen on new aircraft from the Cirrus SR22 and Lancair Columbia 300 to the Airbus commercial jets.

Wing warping also has evolved. Originally, the warping mechanism was actuated using lines through pulleys — a simple but functional design. This direct means of manipulating the controls worked adequately and still does in many light general aviation airplanes. Over the decades, though, engineers discovered that finer control was possible through pushrods, and then via electrical circuits — now known as fly-by-wire — which first flew in 1972 on a Navy F-8C Crusader prototype modified by NASA.

However, with computer-driven flight controls reaching new levels of sophistication, NASA's Dryden Flight Research Center, in cooperation with the U.S. Air Force and Boeing Phantom Works, is developing a new version of the Wrights' original wing-warping controls with the active aeroelastic wing, installed on an F/A-18A (see " Pilot Briefing," December 2002 Pilot). The engineering team aims to improve roll control by aerodynamically inducing wing twist through ailerons and leading-edge .laps, and to reduce the weight of the wing structure — giving designers the freedom to create thinner, higher-aspect-ratio wings for aircraft of the future.

E-mail the author at [email protected].

This month in GA

Aviation is proof that, given the will, we have the capacity to achieve the impossible. — Eddie Rickenbacker

August 23, 1909. At the world's first major air meet, held in Rheims, France, Glenn Curtiss becomes the first American to claim the recognized speed record by flying at 43.385 mph in his biplane. He narrowly beats Louis Blériot to win the Gordon Bennett Cup.

August 27, 1910. James McCurdy, in a Curtiss biplane, sends and receives messages on the first air-to-ground radio. A similar event occurs on an unknown date this year when Elmo Pickerill sends what is claimed to be the first air-to-ground telegraph during a flight from Mineola to Manhattan Beach, New York.

August 23, 1919. The Vincent Burnelli-designed Lawson C-2 Air-Line is test-flown by Charles Cox and Alfred Lawson as America's first commercial aircraft created specifically for carrying passengers in luxury and comfort.

August 18, 1932. James A. Mollison, a British pilot, flies a de Havilland Puss Moth from Portmarnock, Ireland, to Pennfield, New Brunswick, Canada, in the first westbound transatlantic solo.

August 25, 1932. Amelia Earhart, in a Lockheed Vega 5B, is the first female to complete a nonstop transcontinental solo flight. She covers the 2,448-mile route from Los Angeles to Newark, New Jersey, in 19 hours, 15 minutes.

August 24, 1939. The Heinkel He 178 is the first airplane to fly with a jet engine. German engineer Hans von Ohain developed the HeS 38 jet engine that powers the airplane at 400 miles per hour.

August 1, 1952. Two Sikorsky S-55s become the first helicopters to fly across the Atlantic Ocean, setting the nonstop distance record for rotary-wing aircraft. U.S. Air Force pilots Capt. Vincent McGovern and Lt. Harold Moore fly the 3,410 miles from Westover, Massachusetts, to Prestwick, Scotland, in 42 hours, 25 minutes.

August 26, 1952. A British Canberra twinjet bomber flies from Aldergrove, Northern Ireland, to Gander, Newfoundland, and back in 7 hours, 59 minutes. It is the first transatlantic round trip completed in the same day.

August 16, 1960. U.S. Air Force Capt. Joseph Kittinger sets the record for the highest parachute jump, leaping from 102,800 feet in a test over New Mexico, clad in a pressure suit and carried to that altitude in a balloon gondola. It takes 1 hour, 43 minutes to reach altitude, and 13 minutes, 45 seconds to make the return trip. He sets three other records at the same time: the highest a man had ever gone in unpowered flight; the longest free fall in history — 16 miles; and the first man to exceed the speed of sound without an aircraft — 614 mph.

August 16-17, 1978. Ben Abruzzo, Larry Newman, and Maxie Anderson, of Albuquerque, complete the first successful transatlantic balloon flight in their helium-filled balloon, Double Eagle II.

August 3, 1981. The Professional Air Traffic Controllers Association strikes after months of negotiations with the federal government. The union is seeking a 32-hour work week, a $10,000 pay raise, and a better retirement package. Two days later, President Ronald Reagan fires 11,000 controllers who do not return to their jobs and declares a lifetime ban on their rehiring.

August 3, 1994. President Bill Clinton signs the General Aviation Revitalization Act that sets an 18-year statute of repose, providing a degree of product liability protection to GA manufacturers. The bill spurs airframe manufacturers to reenter the GA market.

August 13-14, 2001. NASA's solar-powered propeller-driven airplane Helios reaches an altitude of 96,500 feet, breaking not only the 80,200-foot record for propeller-driven aircraft, but the 85,068-foot mark for all nonrocket powered aircraft as well.

While we cannot list all of the significant aviation events of the past 100 years, we welcome your comments and suggestions. Please send letters to AOPA Pilot, This Month in GA, Attn. Julie S. Walker, 421 Aviation Way, Frederick, Maryland 21701.