Mature copilot misinterprets PIC gesture to be a gear up command. PIC successfully forces aircraft into the air after left propeller stries the runway. Returns and lands.

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Attributes
ACN	627105
Time
Date	200406
Day	Tue
Local Time Of Day	0601 To 1200
Place
Locale Reference	airport : ojc.airport
State Reference	KS
Altitude	agl single value : 0
Environment
Flight Conditions	VMC
Weather Elements	Turbulence
Light	Daylight
Aircraft 1
Controlling Facilities	tower : ojc.tower
Operator	general aviation : personal
Make Model Name	Baron 58/58TC
Operating Under FAR Part	Part 91
Flight Phase	climbout : initial
Flight Plan	IFR
Person 1
Affiliation	other
Function	flight crew : single pilot
Qualification	pilot : commercial pilot : instrument pilot : multi engine
Experience	flight time last 90 days : 100 flight time total : 5000 flight time type : 400
ASRS Report	627105
Person 2
Affiliation	other
Function	observation : passenger
Events
Anomaly	aircraft equipment problem : critical ground encounters other other anomaly other
Independent Detector	other flight crewa
Resolutory Action	flight crew : landed as precaution other
Consequence	other other
Supplementary
Problem Areas	Flight Crew Human Performance
Primary Problem	Flight Crew Human Performance

Narrative:

On tof roll out of ojc, the aircraft accelerated to 80 IAS. I removed my hand from the throttle for a final ch of the engine instruments. When I removed my hand, my copilot (aircraft owner-commercial pilot but not insured anymore) interpreted it as a 'thumbs up' and raised the gear switch. I realized what happened as the aircraft started to settle onto the runway. I jered the yoe bac and got the aircraft flying, but the low speed and high angle of attac contributed to the left turning tendencies and the left wing dropped enough to contact the tips of the left engine propeller. At this point, the copilot, realizing his mistae, put the gear lever bac down. The gear struc the ground on the left side, but 3 green and loced was indicated. I elected to fly off the runway and leave the gear down and the left engine running. I called tower and ased to land. I was cleared to land and landed without event. We taxied bac to the FBO, shut down, and started maing repairs. I feel lie this is clearly a communications failure. I made it clear that the gear was to be raised after I said 'gear up.' a contributing factor may be the copilot/owner's age, more than 75 yrs.

Original NASA ASRS Text

Title: MATURE COPLT MISINTERPRETS PIC GESTURE TO BE A GEAR UP COMMAND. PIC SUCCESSFULLY FORCES ACFT INTO THE AIR AFTER L PROP STRIES THE RWY. RETURNS AND LANDS.

Narrative: ON TOF ROLL OUT OF OJC, THE ACFT ACCELERATED TO 80 IAS. I REMOVED MY HAND FROM THE THROTTLE FOR A FINAL CH OF THE ENG INSTS. WHEN I REMOVED MY HAND, MY COPLT (ACFT OWNER-COMMERCIAL PLT BUT NOT INSURED ANYMORE) INTERPED IT AS A 'THUMBS UP' AND RAISED THE GEAR SWITCH. I REALIZED WHAT HAPPENED AS THE ACFT STARTED TO SETTLE ONTO THE RWY. I JERED THE YOE BAC AND GOT THE ACFT FLYING, BUT THE LOW SPD AND HIGH ANGLE OF ATTAC CONTRIBUTED TO THE L TURNING TENDENCIES AND THE L WING DROPPED ENOUGH TO CONTACT THE TIPS OF THE L ENG PROP. AT THIS POINT, THE COPLT, REALIZING HIS MISTAE, PUT THE GEAR LEVER BAC DOWN. THE GEAR STRUC THE GND ON THE L SIDE, BUT 3 GREEN AND LOCED WAS INDICATED. I ELECTED TO FLY OFF THE RWY AND LEAVE THE GEAR DOWN AND THE L ENG RUNNING. I CALLED TWR AND ASED TO LAND. I WAS CLRED TO LAND AND LANDED WITHOUT EVENT. WE TAXIED BAC TO THE FBO, SHUT DOWN, AND STARTED MAING REPAIRS. I FEEL LIE THIS IS CLRLY A COMS FAILURE. I MADE IT CLR THAT THE GEAR WAS TO BE RAISED AFTER I SAID 'GEAR UP.' A CONTRIBUTING FACTOR MAY BE THE COPLT/OWNER'S AGE, MORE THAN 75 YRS.

Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.