Unlicensed pilot behind controls of fatal Christmas Eve flight

A light plane that crashed on north Queensland beach on Christmas Eve had not been properly maintained for a decade and its pilot was unlicensed, an investigation by the transport safety agency has found.

The amateur-built two seat Jodel D11 went down at the Ball Bay airstrip north of Mackay shortly after takeoff about 7.40am on December 24, killing the 83-year-old male passenger. The pilot, a 65-year-old man, suffered head injuries but was discharged from hospital later that day.

A preliminary examination of the wreckage found no obvious reason for the engine failure.Credit: RACQ CQ Rescue

An investigation by the Australian Transport Safety Bureau found takeoff for the private joy flight had been “uneventful” until the aircraft reached a heigh of about 18 metres and the engine began to cut out and subsequently failed.

By this time there was not enough runway left to land, leading the pilot to try and bring the plane down on the nearby beach. The left wheel hit first, followed by the nose, before the aircraft rolled and came to rest about 22 metres from the point of impact.

A preliminary examination of the wreckage found no obvious reason for the engine failure.

However, the ATSB found the pilot held neither a Civil Aviation Authority licence nor authority to carry out maintenance on the plane, which he had purchased from the previous owner and builder in 2011. Despite this, the man had carried out the most recently logged work in 2015.

“On that basis, the ATSB has determined that there was limited opportunity that continuing to direct resources at this investigation would uncover safety learnings for the broader aviation industry,” Chief Commissioner Angus Mitchell said.

“In this tragic accident ATSB investigators established quite quickly that the aircraft ... was being operated outside of aviation regulations.

“When owners operate outside of the rules, they remove the built-in safety defences and undetected problems are more likely to emerge.”

The passenger’s seat belt had also failed in two places, with both sets on board dating back to 1973 and requiring replacement before 1990. A relevant directive from the Civil Aviation Safety Authority was cancelled in 2009 because “all affected aircraft would have been modified long ago”.

Police are continuing their own investigation, with a report to be prepared for the Coroner.

The Morning Edition newsletter is your guide to the day’s most important and interesting stories, analysis and insights. Sign up here.