ERA12FA021

The pilot's inadequate fuel management, which resulted in a total loss of engine power due to fuel starvation.

According to the passenger, when the cross-country flight was about 20 minutes from the destination airport, the pilot informed him that they had 7 gallons of fuel remaining in the right fuel tank. The passenger encouraged the pilot to switch to the left fuel tank, but he declined. The passenger asked the pilot if he was going to land straight ahead on the runway that was aligned with their course. The pilot stated no, he was going to enter a left downwind for the opposite direction runway. About 2.25 hours into the flight, the pilot lowered the nosewheel and was about to turn from the downwind leg to the base leg of the traffic pattern, when the engine began sputtering. The pilot initiated a steep descending turn toward the runway and did not attempt to change the fuel tank. The airplane collided with trees and terrain about 1/8 mile before the runway. Examination of the crash site revealed that the airplane impacted an isolated clump of trees in an open, flat soybean field. During postaccident examination of the airplane, the fuel selector valve was found positioned between the left tank position and the off position; however, this may not represent the pre-impact position of the valve, because the cables connected to the valve could have moved during the impact sequence. The left and right fuel sump tanks were not ruptured, the left sump tank contained about 1 gallon of fuel, and the right sump tank was empty. The left and right main fuel tanks were ruptured and contained no fuel. No evidence of fuel leakage from either main tank was noted. Examination of the airframe, flight controls, and engine assembly did not reveal evidence of any anomalies that would have precluded normal operation. Based on the passenger’s statement and the fuel quantities found in the sump tanks, it is likely that the pilot delayed switching to the left fuel tank and allowed the right fuel tank to run dry.

HISTORY OF FLIGHT On October 23, 2011, at about 1100 eastern daylight time, an experimental, amateur-built Elkind Cozy MK IV, N795DB, collided with a tree, in a soy bean field, while performing a forced landing following loss of engine power near Lexington, North Carolina. The airplane was registered to a private owner, and was operating as a 14 Code of Federal Regulations Part 91 personal flight. The airplane sustained substantial damage to the airframe. Visual meteorological conditions prevailed and an instrument flight rules (IFR), flight plan was filed. The certificated private pilot was killed and the certificated airline transport pilot passenger received serious injuries. The flight departed from Craig Municipal Airport (CRG), Jacksonville, Florida, at 0846 en-route to Davidson County Airport (EXX) Lexington, North Carolina. The passenger stated they departed CRG on an IFR flight plan. They canceled their IFR flight plan about 60 miles south of EXX and proceeded VFR to the airport. About 20 minutes from EXX, the pilot informed the passenger they had 7 gallons of fuel remaining in right fuel tank. The passenger encouraged the pilot to switch fuel tanks, but he declined. Upon approach to EXX, the passenger asked the pilot if he was going to land straight ahead to runway 6. The pilot stated he would enter the traffic pattern on a left downwind leg for runway 24. The pilot lowered the nose wheel and was about to turn onto base leg when the engine began sputtering. The pilot initiated a steep descending turn towards the runway and did not attempt to change the fuel tank. The airplane subsequently collided with a tree about 1/8 mile from the runway 24 threshold. A lineman at EXX stated he observed the airplane in a steep descending turn east of the airport, before the airplane descended from view behind a tree line. Two other witnesses, who lived in the vicinity of EXX, stated they heard the engine sputtering, follow by an impact sound similar an object hitting a tree. PERSONNEL INFORMATION The certificated private pilot, age 69, held a private pilot certificate with a rating for airplane single-engine land, issued on July 29, 2009. The pilot’ logbook was not recovered. According to the pilot's wife, his logbook was kept in a flight bag located in the airplane. The pilot held a third-class medical certificate, issued on November 18, 2010, with the restriction "must wear corrective lenses." The pilot indicated on his application for the third-class medical that he had 725 total flight hours, and he had flown 25 hours in the last 6 months. The pilot’s last flight review was conducted on July 2, 2011. The certified flight instructor (CFI), who administered the flight review, stated the pilot purchased the airplane about 1 year before he started flying with the pilot in April 2011. The pilot informed him that he had around 1200 to 1300 flight hours. The CFI gave the pilot 13 hours of instruction in the Cozy MK IV before he signed-off his flight review. AIRCRAFT INFORMATION The Cozy MK IV is a four-place composite canard airplane, with a fixed main landing gear, and a retractable nose landing gear. The airplane, serial number 165, was manufactured in 1996. An experimental Lycon IO-360, 220-horsepower, horizontally-opposed four-cylinder engine powered the airplane. The last condition inspection was conducted on February 9, 2011 at a recorded tachometer time of 387 hours. The tachometer at the crash site was destroyed and the total airframe time and engine time could not be determined. The airplane was last refueled at Palatka, Florida, on October 16, 2011, with 37.62 gallons of 100 low lead fuel. METEOROLOGICAL INFORMATION The 1115 EXX surface weather observation was: wind calm, visibility 10 miles, sky clear, temperature 14 degrees Celsius, dew point temperature 6 degrees Celsius, and altimeter 30.16 inches of mercury. The flight crew received a weather briefing and filed their flight plan with Miami Contracted Flight Service at 0756 on October 23, 2011. WRECKAGE AND IMPACT INFORMATION The wreckage was located 1/8 mile east of runway 24 at EXX, in a soy bean field. Examination of the crash site revealed the airplane’s right wing collided with a tree 32 feet above the base of the tree, inboard of the right winglet in a left descending turn, on a heading of 291 degrees magnetic. Fiberglass from the leading edge of the right wing was embedded in the tree. The right wing, right elevator, and right canard were located adjacent to the tree. The airplane continued down the crash debris line (CDL) and impacted the ground 91 feet down the CDL. The canopy separated and was located 105 feet down the CDL. The left wing separated and was located 139 feet down the CDL. The main fuselage came to rest inverted, 140 feet down the CDL on a heading of 261 degrees magnetic. The CDL was 140 feet long. The right side of the canard and right elevator were damaged and separated at the fuselage. The elevator control rod separated in overload at the fuselage. The nose cone and cockpit were fragmented and separated from the fuselage forward of the leading edge of the left and right strakes. The nose wheel was separated from the nose strut and the nose wheel strut was extended. The canopy and hinges separated from the fuselage. The canopy lock remained attached to the fuselage, and the canopy lock actuator rod was separated. The locking bolts on the canopy were distorted. The left side forward and rear canopy hinges were separated from the fuselage canopy rails. The forward canopy windscreen and left canopy side window were broken. The right canopy side window was not damaged. The main landing gear separated from the fuselage at its attachment points. The landing brake was not damaged and was in the retracted position. The instrument panel was fragmented and separated from the fuselage. The throttle was at mid-range and the throttle friction was loose. The mixture lever was full rich. The fuel selector valve was positioned between the left main fuel tank and off positions. The left and right cockpit molded seat bottoms were destroyed and the seat backs were damaged. The seatbelt mounts were separated from the fuselage. The roll over structure separated from the fuselage and the seat backs. The left and right shoulder harnesses remained attached to the roll over structure. The combined left rear seat bottom and sump tank separated from the cabin floor. The left sump tank was not ruptured. The fuel lines to the left sump tank were ruptured. The left sump tank had about 1 gallon of fuel present. The left seat back remained attached to the cabin floor. The rear seatbelt and shoulder harness were fastened and not damaged. The combined right rear seat bottom and right sump tank remained attached to the cabin floor. The right sump tank was not ruptured and no fuel was present. The right seat back separated from the cabin floor. The right rear seatbelt and shoulder harness were fastened and not damaged. The pilot’s control stick and control linkage were intact extending rearward to the passenger backseat area, where the left aileron torque tube failed consistent with overload. The pilot’s canard linkage also failed consistent with overload. The passenger’s control stick and linkage were intact and damaged. The passenger’s canard linkage was also intact and damaged. The left aileron push rod bell crank separated from the inboard end of the wing, consistent with overload. The right aileron rod end also failed consistent with overload. The right wing and a section of the center spar separated from the fuselage. The right wing remained bolted to the center spar. The right strake (fuel tank) separated at the wing root. The right main fuel tank was ruptured. No fuel or browning of vegetation was present. The right main fuel cap was secure with a tight seal. No fuel staining was present on the strake, or surface of the right w