N102HA

HISTORY OF FLIGHTOn September 1, 2013, about 1800 Pacific daylight time, a Flight Design CTSW, N102HA, lost engine power and landed about 1/2 mile short of its intended destination, Sisters Eagle Air Airport, Sisters, Oregon. The light sport airplane was registered to, and operated by, the pilot under the provisions of 14 Code of Federal Regulations (CFR) Part 91. The airplane sustained substantial damage during the accident sequence, and the sport pilot was not injured. The personal flight departed Whippet Field Airport, Sisters, at an unknown time. Visual meteorological conditions prevailed, and no flight plan had been filed.

The pilot provided a verbal statement to a deputy of the Deschutes County Sheriff's Office following the accident. He reported that earlier in the day he departed from Coeur d'Alene, Idaho, en route to Sacramento, California, and that he encountered strong headwinds and low clouds during the flight. Subsequently he landed at Whippet Field, a private dirt airstrip approximately 5 miles east of Sisters Eagle Air Airport to check the airplane's fuel levels. Estimating that he had sufficient fuel for approximately 30 more minutes of flight, he departed. As he approached Sisters Eagle Airport the engine "sputtered" and then stopped producing power. He stated that the engine then started again, but then stopped. The airplane then struck soft dirt, and according to the pilot, it did not crash, but encountered an, "Off runway landing." He stated that the airplane did not have any mechanical problems, and that it ran out of fuel. He further reported that he was renting the airplane, that it was owned by "World Adventure Series," and that the purpose of the flight was to transport a dog to its new owner in California. In a subsequent correspondence with the NTSB investigator-in-charge (IIC) he listed himself as the airplane's owner.

Subsequent examination revealed that the airplane had sustained substantial damage to the firewall, forward cabin structure, and lower right fuselage.

The pilot did not submit a Pilot/Operator Aircraft Accident Report (NTSB Form 6120.1), or respond to multiple requests from the IIC for a phone interview.

In a subsequent correspondence, the pilot's attorney stated that during the flight the pilot encountered strong westerly headwinds, and was having trouble with bright sun in his eyes, and as a result he experienced difficulty reading the instruments, especially the fuel gauge.

The NTSB IIC requested via email that the pilot answer a series of questions further explaining the accident circumstances. His attorney responded, stating that the pilot had elected to deny the request, asking instead to refer to the circumstances described in the complaint the pilot had filed for damages against Flight Design USA, et al, in the U.S. District Court. PERSONNEL INFORMATIONThe pilot held a sport pilot certificate; as such he was limited to flying during the hours of daylight. The certificate was issued on November 27, 2011. AIRCRAFT INFORMATIONThe airplane was manufactured in 2007 by Flight Design GmbH, and imported into the United States that year. The pilot purchased the airplane from Flight Design in August 2010, and then transferred ownership to the current owner (a trust located at his home address) in April 2011. According to documentation provided by Flight Design, up until the pilot purchased the airplane in 2010, it had been a demonstration airplane and had accrued a total flight time of about 88 hours. The Hobbs hour meter indicated 382.9 hours at the accident site.

The airplane was powered by a Rotax 912ULS series engine, equipped with a Neuform 2-blade composite propeller. The airplane was equipped with a BRS Aerospace emergency parachute recovery system, which had not been activated during the accident. The most recent documented inspection occurred on November 10, 2012, and was for a condition inspection. At that time, both the airframe and engine had accrued a total flight time of 348.9 hours. METEOROLOGICAL INFORMATIONAviation weather observation stations positioned along the route of flight reported similar weather conditions consisting of clear skies, visibility of 10 miles or greater, and light winds.

The closest National Weather Service weather observation to the accident site was from Roberts Field Airport, Redmond, Oregon, located approximately 17 miles east of the accident site at an elevation of 3,080 feet. The airport had an Automated Surface Observation System, which at 1756 reported wind from 330 degrees at 6 knots, clear skies, and visibility of 10 miles. The next observation at 1856 indicated clear skies but with wind from 310 degrees at 11 knots gusting to 18.

The NWS had no advisories current for the route for any Instrument Flight Rules or mountain obscuration conditions, thunderstorms, icing, or any significant turbulence at the time of any preflight weather briefing prior to departure.

The winds aloft forecast for the region indicated winds at 6,000 feet out of the west-southwest with velocities between 9 and 16 knots. At 9,000 feet, the winds were generally out of the southwest, with velocities of between 12 and 31 knots.

According to the U.S. Naval Observatory, Astronomical Applications Department, the computed sunset occurred in Redmond, at 1940, with civil twilight ending at 2010. At 1810, the sun was 15.6 degrees above the horizon at an azimuth of 265 degrees. AIRPORT INFORMATIONThe airplane was manufactured in 2007 by Flight Design GmbH, and imported into the United States that year. The pilot purchased the airplane from Flight Design in August 2010, and then transferred ownership to the current owner (a trust located at his home address) in April 2011. According to documentation provided by Flight Design, up until the pilot purchased the airplane in 2010, it had been a demonstration airplane and had accrued a total flight time of about 88 hours. The Hobbs hour meter indicated 382.9 hours at the accident site.

The airplane was powered by a Rotax 912ULS series engine, equipped with a Neuform 2-blade composite propeller. The airplane was equipped with a BRS Aerospace emergency parachute recovery system, which had not been activated during the accident. The most recent documented inspection occurred on November 10, 2012, and was for a condition inspection. At that time, both the airframe and engine had accrued a total flight time of 348.9 hours. ADDITIONAL INFORMATIONPilots Statement Regarding Fuel Quantities

The pilot and his attorney provided three separate submissions containing references to the fuel quantity onboard the airplane when it departed Whippet Field Airport. The first included a statement written by the pilot, and signed presumably by a witness reporting that the witness observed the pilot check the fuel quantity utilizing the fuel gauge dipstick, and that the right fuel tank contained 3 gallons of fuel (a separate notation of "over 3 gallons" was written in a different typeface at the end of the sentence). A second document written by the pilot's attorney stated that 4.5 gallons of fuel was present in the right tank. A subsequent email sent by the pilot stated that the airplane was carrying between 3 to 4 gallons of fuel in the right tank. All documents reported that the left tank was empty.

CTSW Operating instructions

According to the CTSW Airplane Operating Instructions current for the airplane at the time of the accident, the airplane's fuel capacity was 17 US gallons per tank, 16.5 of which is usable. The manual states that fuel is gravity fed, and that the fuel valve has two positions, either "on" or "off".

The engine can operate on both 100 low-lead aviation gasoline as well as premium automotive unleaded gasoline which meets American Society for Testing and Materials (ASTM) D 4814 specifications, with a minimum anti knock index of 91. Fuel consumption at takeoff and "75% continuous performance" was 7.1 and 4.9 gallons per hour, respectively.

Flight Design discontinued production of the CTSW model in 2007, replacing it with a similar variant, the CTLS. The fuel system remained largely the same with the exception that a return flow flapper valve was included on the fuel tank anti-sloshing rib. Additionally the tanks were interconnected with a vent line, and each tank also vented to its respective wingtip. The CTLS Airplane Operating Instructions, Normal Operating Procedures (Cruise) section, denoted of the following:

"Warning: A correct indication on the fuel sight gages in the wing ribs is only possible when the aircraft is leveled.

Warning: There is a tendency to fly the CTLS-LSA with a small sideslip angle. Flight performance is only marginally affected but it can lead to the tanks emptying at different rates. In this case, it is recommended to raise the wing with the fuller tank in a gentle temporarily slip. This can be achieved with the help of the rudder trim, if installed. The aircraft should be returned to level flight after a few minutes and the fuel indication checked. The amount in the tanks should now be more even.

Warning: The tanks in the CTLS have return flow flapper valves on the fuel tank anti-sloshing rib (refer to Chapter 7 Systems Description). They prevent fuel from quickly flowing into the outer tank area during side slipping where it could not be fed into the engine. The return flow valve reduces but does not completely prevent return flow. An exact indication of fuel quantity is thus only possible at the wing root when, after a sideslip, the aircraft has returned to normal flight attitude (and the amount of fuel inside and outside the anti-sloshing rib has evened out)."

The CTSW flight manual did not contain similar verbiage, and neither the CTLS or CTSW manuals, nor any airplane placards or Flight Design USA safety directives made any recommendation regarding flight with one fuel tank empty.

ASTM Standards

The CTSW airplane was designed to comply with the ASTM Consensus Standa...