NTSB Factual Report

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 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 wing. The leading edge of the wing was damaged 9 feet outboard of the outboard edge of the right strake. The inboard and outboard vortilions remained attached to the wing. The middle vortilon was bent rearward. The upper wing fiberglass layers were buckled. The right winglet remained attached to the wing and the leading edge was damaged. The right rudder remained attached to the winglet at all hinge points. The rudder was not damaged. The rudder cable was separated from the Army-Navy cable fork, consistent with overload. The right aileron remained attached at all hinge points. The right aileron linkage was intact up to the right aileron control rod end at the junction of the right wing. The rod there was separated in overload.

The aft pusher engine compartment remained attached to the fuselage and the firewall was not damaged. The lower and upper engine cowlings were fractured and remained attached to the fuselage. The engine assembly remained attached to all engine mounts. The composite propeller remained attached to the propeller crankshaft flange. The propeller blades were not damaged, and the composite spinner was fractured.

The center section of the canard remained attached to its mounts on the fuselage. The left side of the canard and the left elevator were fragmented.

The inboard portion of the left wing remained bolted to the fuselage. The remainder of the left wing separated outboard of the left strake. The leading edge of the wing was damaged from the wing root extending outboard to the left winglet. The inboard, middle, and outboard vortilions remained attached to the wing. The left winglet separated from the wing at the winglet wing intersection. The rudder was damaged and remained attached at all hinge points. The rudder control cable remained attached to the rudder. The rudder cable failed within the wing structure consistent with overload. The aileron was damaged and remained attached at all hinge points. The aileron torque tube failed at the inboard aileron universal joint. The left main fuel tank was ruptured. No fuel or browning of vegetation was present. The left main fuel cap was secure with a tight seal. No fuel staining was present on the strake, or surface of the left wing.

Examination of the engine assembly revealed the left and right engine exhaust pipes were not damaged. All induction tubes were attached to their respective attached points. The oil sump was intact and the oil dip stick remained in place. The oil suction screen was removed and no anomalies were noted. An unmeasured amount of oil was present in the oil sump. The National Automotive Parts Association oil filter was removed and opened. The filter media was free of contaminants. The front oil cooler was damaged and the rear oil cooler was not damaged.

The alternator and drive pulley remained attached to the engine assembly and was not damaged. The alternator cooling fan was not damaged. The starter remained attached to the engine and the drive pinion was retracted. The left magneto remained attached to its mount. The magneto produce spark at all ignition leads when the propeller was rotated by hand. The right magneto mounting location was blocked off with a cover plate. A Light Speed Engineering plasma capacitive discharge (CD) ignition system was installed in lieu of a right magneto with an ignition box installed behind the firewall. Two ignition coil packs were installed on top of the engine with automotive style ignition leads. The leads were routed to automotive style spark plugs in the top spark plug holes. The CD ignition was not tested because the airplane battery had been removed by first responders. The top and bottom ignition harnesses were not damaged. The vacuum pump remained attached to the engine. The vacuum pump was removed and disassembled. The composite drive unit was intact and the vacuum pump produced air at the vacuum pump outlet port when the drive was rotated by hand.

The aircraft fuel strainer bowl was removed and contained about 1 teaspoon of blue liquid that smelled like aviation gasoline. The fuel screen was removed and was free of contaminants. The fuel lines leading to engine driven fuel pump and the fuel injector servo were removed and contained fuel. The engine driven fuel pump was removed and contained fuel. The engine driven fuel pump produced pressure at the outlet port when it was actuated by hand. The throttle cable remained attached to the throttle control arm on the fuel injector servo and was at mid-range. The mixture control remained attached to the mixture control arm and was in the full rich position. The fuel injector servo was removed and contained fuel. The fuel injector servo fuel inlet screen was removed and free of contaminants. The fuel injector servo regulator section was disassembled and no anomalies were noted. The fuel flow divider was removed, disassembled and no anomalies were noted. The fuel injector nozzles were removed from all cylinders and no anomalies were noted. All spark plugs were removed. The upper spark plugs displayed dark gray combustion deposits and worn normal condition. The bottom spark plugs exhibited dark brown combustion deposits and worn normal condition.

The engine was partially disassembled. The engine was rotated by hand using the propeller. Suction and compression was obtained on all cylinders. Valve train continuity was observed through all cylinder rocker arms. The accessory drive gears were observed rotating. Crankshaft and valve train continuity was verified. All cylinders were examined using a lighted bore scope and no anomalies were noted.

MEDICAL AND PATHOLOGICAL INFORMATION

The Office of the Chief Medical Examiner, Chapel Hill, North Carolina, conducted an autopsy on the pilot on October 24, 2011. The cause of death was blunt force trauma. The Bioaeronautical Research Science Laboratory, FAA, Oklahoma City, Oklahoma performed a postmortem toxicology of specimens from the pilot. The specimens were negative for carbon monoxide and ethanol in the blood. No ethanol was detected in the vitreous and no drugs were detected in the urine.

ADDITIONAL INFORMATION

Notations on the pilot’s printed flight plan, on October 23, 2011, indicated the left main fuel tank had 15 gallons of fuel and the right main fuel tank had 24 gallons of fuel. The airplane has 2 gallons of un-usable fuel. The passenger stated the left main fuel tank had 20 gallons of fuel and the right main tank had 17 gallons of fuel. He also stated that 4 gallons of fuel would be utilized for engine start, run-up, and climb to cruise altitude. The total flight time from takeoff to the accident time was 2 hours and 14 minutes.

Estimated fuel consumption data for the Ly-Con experimental engine was provided by a representative of Ly-Con Engines and Accessories. Review of the fuel consumption data provided indicates a fuel burn rate of 10.33 gallons per hour at 65 percent rated horsepower. At 75 percent the fuel burn rate would be 13.75 gallons per hour. At 85 percent the fuel burn rate would be 14.66 gallons per hour. The calculated total fuel burn for a flight time of 2 hours and 14 minutes at 65 percent power would be 23.04 gallons. At 75 percent power the calculated fuel burn would be 30.66 gallons. At 85 percent power the calculated fuel burn would be 32.69 gallons. These figures do not take into account additional fuel required for start, taxi and climb to cruise altitude.

NTSB Probable Cause

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