Investigation Summary
The accident occurred as the crew attempted to land before a 18:58 MST night curfew for jet aircraft at Aspen. The crew's duty day began at Burbank (BUR) with an 11-minute repositioning flight to Los Angeles (LAX). The flight was delayed 41 minutes at LAX; despite warnings from the Avjet dispatcher that a departure after 15:55 would jeopardize their ability to land before the curfew, the passengers were observed standing around chatting in the airport parking lot. During the flight, the customer, Robert New, exerted significant pressure on the crew; when the captain discussed a possible diversion due to weather and night restrictions, the customer had his assistant call Avjet management to demand the flight not be redirected and to tell the captain to keep his comments to himself. The NTSB found that an unidentified male passenger, likely the customer, was in the cockpit jump seat during the final approach, further increasing the psychological pressure on the crew. The approach was also complicated by a poorly worded NOTAM issued just two days prior, which restricted the VOR/DME-C approach at night, but this restriction was not clearly communicated to the Aspen tower controllers. Consequently, the crew was cleared for an approach that was technically illegal for a night landing.
Final Conclusions
The NTSB determined the probable cause was the flight crew's operation of the airplane below the minimum descent altitude without an appropriate visual reference for the runway. Contributing factors included the FAA's unclear wording of the March 27, 2001, NOTAM regarding nighttime restrictions and the failure to communicate this to the tower; the crew's inability to see mountainous terrain due to darkness and weather; and the intense pressure from the charter customer to land at Aspen despite the delayed departure and curfew.
Video Analysis
Deadly Charter - Avjet Gulfstream III — A documentary exploration of the 2001 Aspen crash, focusing on the external pressures placed on the flight crew by a high-profile charter customer.
If playback is blocked, the owner has disabled embedding — use the link above.
Airframe & Maintenance
Crew Experience
Captain
Robert Frisbie, age 44. Total flight time 9,888 hours.
First Officer
Peter Kowalczyk, age 38. Total flight time 7,035 hours.
Systems & Failure Modes
VOR/DME-C Approach
A non-precision instrument approach using VHF Omnidirectional Range and Distance Measuring Equipment, which required high minimums due to the surrounding mountainous terrain.
Cockpit Voice Recorder (CVR)
The device captured the crew's discussions regarding the approach and the presence of a passenger in the jump seat.
Interesting Facts
- 01The flight was a Part 135 air taxi operation carrying 15 passengers to a dinner party in Aspen.
- 02The aircraft was owned by Airbourne Charter, Inc. (associated with film producer Andrew Vajna) and operated by Avjet Corporation.
- 03A NOTAM issued two days before the crash restricted the VOR/DME-C approach at night, but the crew and tower were not effectively notified.
- 04The aircraft was not equipped with a flight data recorder (FDR), as it was not required under Part 135 for this aircraft type at the time.
- 05The cockpit voice recorder (CVR) was recovered and provided evidence of passenger presence on the flight deck during the approach.
Safety Actions & Advisories
Avjet Night Operations Policy
Following the crash, Avjet prohibited operations at Aspen and three other mountainous airports between sunset and sunrise.
Jump Seat Access Restriction
Avjet implemented a policy strictly prohibiting charter passengers from occupying the observer's (jump) seat at any time.
Known Controversies & Unanswered Questions
Ambiguity of the Night Landing NOTAM
Reference ↗A significant point of contention was the FAA's issuance of a NOTAM on March 27, 2001, which stated 'VOR/DME-C NA AT NIGHT.' While intended to prohibit the approach entirely after dark, the wording was considered ambiguous by the industry, and the FAA failed to communicate the restriction to the Aspen tower controllers, who continued to clear aircraft for the approach.
Wrongful Death Litigation and Negligence
Reference ↗Following the accident, families of the victims filed wrongful death lawsuits. In July 2003, a jury found both the captain and Avjet Corporation negligent, leading to an out-of-court settlement of $11.7 million for three of the victims' families.