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Accidents · NTSB LAX96FA078 · Final report

Piper PA-31-350 accident near San Jose, California, December 23, 1995

On December 23, 1995 at about 8:19 am local time, a Piper PA-31-350, registered N27954, was destroyed in an accident near San Jose, California. It was an instructional flight under general aviation rules (Part 91). 2 people were killed. The weather was conditions the NTSB did not record.

The NTSB's probable cause their words, unchanged

The failure of the air traffic controller to comply with instructions contained in the Air Traffic Control Handbook, FAA Order 7110.65, which resulted in the flight being vectored at an altitude below the minimum vectoring altitude (MVA) and failure to issue a safety advisory. In addition, the controller's supervisor monitoring the controller's actions failed to detect and correct the vector below the MVA. A factor in the accident was the flightcrew's failure to maintain situational awareness of nearby terrain and failure to challenge the controller's instructions.

Source: NTSB aviation accident database, copy made October 5, 2026. Docket and reports at the NTSB.

What the record shows

Date
December 23, 1995 · about 8:19 am local time
Place
San Jose, California · map
Type
Accident
Injuries
2 people were killed.
Weather
conditions the NTSB did not record
Aircraft
Piper PA-31-350 · all PA-31-350s on the register
Registration
N27954 · no longer on the register · serial 31-7952062
Damage
Destroyed
Flight
Instructional flight · general aviation rules (Part 91)

The NTSB's narrative final · quoted from the NTSB record

The aircraft impacted mountainous terrain in controlled flight during hours of darkness and marginal VFR conditions. The flight was being vectored for an instrument approach during the pilot's 14 CFR Part 135 instrument competency check flight. The flight was instructed by approach control to maintain VFR conditions, and was assigned a heading and altitude to fly which caused the aircraft to fly into another airspace sector below the minimum vectoring altitude (MVA). FAA Order 7110.65, Section 5-6-1, requires that if a VFR aircraft is assigned both a heading and altitude simultaneously, the altitude must be at or above the MVA. The controller did not issue a safety alert, and in an interview, said he was not concerned when the flight approached an area of higher minimum vectoring altitudes (MVA's) because the flight was VFR and 'pilots fly VFR below the MVA every day.' At the time of the accident, the controller was working six arrival sectors and experienced a surge of arriving aircraft. The approach control facility supervisor was monitoring the controller and did not detect and correct the vector below the MVA.

The complete narrative as the NTSB published it. The NTSB's docket holds the report as a PDF and any photographs, statements and other documents from the investigation.

The factual record from the NTSB's investigation tables, in plain English

Pilot

  • Certificate: airline transport pilot
  • Ratings: multi-engine land; single-engine land; instructor: airplane multi-engine; instructor: airplane single-engine; instructor: instrument airplane; instrument: airplane
  • Flight time: 4,659 hours in all; 914 in this make and model; 216 in the last 90 days; 78 in the last 30 days; 4,593 as pilot in command; 1,652 on instruments
  • Medical certificate: Class 1 (valid medical--no waivers/lim.)
  • Seat: rgt

The aircraft

  • Airframe total time: 9,840 hours
  • Last inspection: continuous airworthiness programme, December 19, 1995; 12 hours since
  • Maximum gross weight: 7,000 lb
  • Seats: 2
  • Landing gear: retractable
  • Engine: Lycoming TIO-540-J2BD (piston); 0 hours total
  • Fire on the ground

The flight

  • Departed from: OAK Oakland CA at 7:20 am
  • Flight plan: IFR
  • Runway 0
  • A second pilot was aboard

Weather at the time

  • Light: night, dark
  • Wind: from 040° at 11 knots
  • Visibility: 5 statute miles
  • Sky: broken clouds at 1,500 ft; not recorded
  • Temperature: 46°F (8°C), dew point 45°F (7°C)
  • Altimeter: 30.00 inHg
  • Observation at 7:59 am from OAK, 25 miles away

Injuries

FatalSeriousMinorNone
Crew2

Documents from the investigation the NTSB's docket: the evidence folder behind the report

The docket, the folder of records gathered during an investigation (maintenance records, photographs, witness statements, examinations), has not been read from the NTSB for this case yet; the list appears here once it has. Open the docket at the NTSB.

Everything on this page comes from the NTSB's public records. The narrative, probable cause and findings are the NTSB's own words; the coded tables behind the report are written out in plain English, with pilots' ages, home towns and medical details left out. The documents and photographs are the NTSB's docket, shown as the NTSB released them. This site's own text never names anyone involved. A preliminary report can change; the final report usually follows one to two years later, and the page is refreshed when it does.