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Editorial: Trouble in Paradise

By Tracy Crook. Originally published in the Rotary Aviation News, Issue 6, 1996

You never feel comfortable when a lawyer calls you on the phone. A few weeks ago one called from California to ask about my rotary powered airplane and what kind of muffler I was using. During the conversation I mentioned that I had written a book on the subject and he said he had to have a copy. It turns out that he is representing a builder - pilot who crashed his rotary powered aircraft after an inadvertent takeoff during taxi tests. (The airplane had not yet been issued an airworthiness certificate). He also asked if I would mind showing my engine installation to an accident investigator working with him. I’ve shown it to hundreds of people by now so, despite some misgivings, I agreed. He arrived a few days later. After showing him the engine I thought it would be a shame to travel all the way across the U.S. to see an airplane and not fly in it so I offered to take him up. Besides, it was a beautiful day and I can rarely resist the urge to fly once I’m at the airport. He was a little reluctant (he weighed 235 lbs) but I assured him that my CG allowed for a passenger weight of 240 lbs if the baggage compartment was empty. The Mazda worked its usual magic and the flight down the west Florida beaches was pleasant and uneventful.

The investigator (a 5000+ hour pilot) said the rotary was the smoothest engine he had ever flown behind. He also turned out to be an engine nut and owner of an older (1988) Indy race car. I always wondered what happened to retired Indy cars since the fast pace of development and rule changes makes them obsolete after one or two seasons. They go on to race in a new class which allows you to run pretty much any engine you want. It was soon apparent that the idea of using a rotary was growing on him. But I am getting away from the subject here.

As we talked over lunch, I learned a bit more about the case he was working on. During the brief flight of the ill-fated plane around the pattern to attempt a landing , the muffler broke off and went through the prop (the plane was a canard pusher design). The plane descended into a bean field adjacent to the airport where it impacted an irrigation tower and burst into flames. The builder survived but was badly burned. A fine, talented young man now faces years of therapy, surgery and astronomical medical bills.

This, as usual, is where the lawyers come in. The manufacturer of the muffler is being sued on the grounds that it failed at a factory weld. The muffler maker contends that they are not at fault because no reasonable person would put their muffler on a rotary engine due to the high vibration level and other factors.

Now it gets even stickier. I am being asked to testify as an expert witness for the prosecution as to the suitability of the engine and its low vibration. While I do feel the rotary is eminently suitable for aircraft use and it is obviously very smooth, the circumstances of the case posed a dilemma for me. The muffler makers defense is all wrong, but on the other hand, I do not feel that the builder mounted the muffler correctly. It was mounted only by its inlet pipe welded to the exhaust header. The other end was free, no clamps, no brackets, no nothing. This is apparently common practice with race car builders who use it.

To say that there are a lot of factors to think about here would be an understatement and to go into all of them would take up this and several more newsletter issues. I’ll just cover a couple of the most significant ones. Remember that the engine is only one factor in how much vibration an engine installation generates. The propeller is a major contributor and if it is not balanced or tracked properly, no engine will be smooth. I say this only for reference here because I know nothing about the propeller on the plane involved in the accident.

My views on muffler installation are in the conversion manual. Review the chapter on exhaust systems and in particular the section entitled “Design for Minimum Stress”.

Then there is the larger philosophical question of responsibility. To avoid a long spiel on the subject, you have a great deal of responsibility when you operate an aircraft which you built and has the word “EXPERIMENTAL” prominently displayed on it. It would be painful to have to say that to someone lying in a hospital bed but it is still true.

This is all said as if trials of this sort were about right, wrong and justice. Someone had to remind me that trials are mainly about money and little else. That being the case, I do not plan to get involved.

I have also been reminded that I am exposing myself to the threat of lawsuits by selling my manual and ignition controllers. Sure, I put in the usual disclaimers, and every buyer of an ignition controller is sent a liability release to sign, but these would probably have little effect in a court of law. The bottom line is, Life should be lived in pursuit of what you believe in, not running in fear of what might happen.

This stuff hurts my head. It’s time to get back to engines & airplanes.