Page:CAB Accident Report, Eastern Air Lines Flight 45.pdf/6

 account for Captain Davis having been so appreciably off the airway. 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 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:

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 * 1) The pilot of the DC3 had deviated from course and was about 8 miles off the airway.
 * 2) The DC3, being to the right of the A-26, had the right-of-way according to the Civil Air Regulations.