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

 failing to see the other aircraft in time to avoid collision was the preoccupation of the A-26 pilot within the cockpit and his lack of attentiveness to other air traffic.

Inasmuch as the A-26 pilot was maneuvering in an area not designated or in any manner reserved for such flight, he had no reason to expect that no other traffic would be present within that area. The responsibility of the Army pilot was unmistakable in that he should have been sufficiently vigilant regardless of the nature of his mission to avoid all other aircraft in the vicinity of his flight.

Under the conditions resulting from the collision, Captain Davis is to be commended for the high type of professional airmanship he displayed in safely landing the badly damaged aircraft.

Upon the basis of all available evidence the Board finds that:


 * 1) The air carrier, its aircraft and crew were properly certificated for the flight.
 * 2) The pilot of the DC-3 aircraft had deviated from the airway in the vicinity of Florence and was approximately 8 miles off the airway at the time of the accident.
 * 3) The DC-3, having the A-26 on its left, possessed the right-of-way.
 * 4) The A-26 was engaged in practice maneuvers in an area not designated or reserved for such practice.
 * 5) Both aircraft were being operated under contact flight clearances.
 * 6) Contact conditions prevailed at the time of the accident.
 * 7) Both aircraft remained in such positions relative to each other as would have enabled each pilot involved to see the other aircraft for at least one minute prior to the collision.
 * 8) Neither pilot was aware of the presence of the other aircraft until approximately one second prior to impact.