NTSB Factual Report

HISTORY OF FLIGHT

On December 10, 2006, at 1629 eastern standard time, a Ridgway, Bensen B8M, experimental gyro copter, N7030T, registered to a private owner and operated as a 14 CFR Part 91 personal flight, had a loss of engine power in cruise flight, and made a forced landing to Bohicket River in the vicinity of Johns Island, South Carolina. Visual meteorological conditions prevailed and no flight plan was filed. The gyrocopter received substantial damage. The airline transport rated pilot reported no injuries. The flight originated from Charleston Executive Airport, Charleston, South Carolina, on December 10, 2006, at 1609.

The pilot stated he conducted a preflight inspection and no anomalies were noted. The pilot estimated he had about 5 gallons of fuel on board when he departed on the accident flight. The pilot departed and flew to an area located south east of the airport at 500 feet, and conducted some performance checks of the gyro copter. Once the checks were completed the pilot continued his flight above the Bohicket River. While in cruise flight the engine quit. The pilot turned on the fuel boost pump and attempted an engine restart. The engine started and quit again. The pilot switched fuel tanks, attempted another engine restart with negative results, and initiated an emergency landing to the river. The gyro copter rolled over on its left side and started to sink. The pilot waited until the gyro copter was submerged in the water, and the rotor blades had quit turning, before he unbuckled his seat belt and exited the gyro copter. The pilot came to the surface, swam over to the marsh area, and exited the water. The pilot walked over to a boat dock where a homeowner was located, and the homeowner reported the accident to emergency personnel.

A witness who is also a helicopter pilot stated she heard an aircraft approaching her location. The witness observed the gyro copter in straight and level flight above Bohicket River traveling towards the ocean between 75 to 100 feet AGL. The witness heard a change in engine noise as if the gyro copter had run out of fuel, or had water in the fuel tank. The engine quit, started, and quit again. The gyro copter entered a descent and made a forced landing to the river. The witness immediately ran to her boat dock, and could not see the gyro copter or the pilot in the water. The witness ran back towards her home, saw a neighbor and asked him to call the emergency 911 operators. The witness and the neighbor went back to the boat dock and observed the pilot getting out of the river onto the marsh. They called out to the pilot and he ignored their calls before answering. The witness and the neighbor asked the pilot if he needed any assistance. The pilot stated no and instructed them not to call anyone about the accident. The Sheriff Department arrived at the witness home a short time later, and used the witness boatlift to recover the gyro copter from the river on to her boat dock. No smell of fuel was present nor was any fuel observed draining from the gyro copter during its recovery.

PERSONNEL INFORMATION

Review of information on file with the FAA Airman's Certification Division, Oklahoma City, Oklahoma, revealed the pilot was issued an airline transport pilot certificate with ratings for airplane multiengine land, and instrument airplane. In addition he holds a commercial pilot certificate with ratings for airplane single engine land. Both certificates were issued on April 4, 1990. The pilot is type rated in the L-300, and holds a flight engineer certificate with ratings for turbojet powered issued on June 4, 1990. The pilot stated his last flight review was conducted in a Cessna 170B on December 27, 2004. The pilots holds a second-class medical certificate issued on May 27, 2003, with no restrictions. The pilot indicated on his application for the second-class medical certificate that he had accumulated 13,940 total flight hours. The pilot indicated on the NTSB Pilot/Operator Aircraft Accident/Incident Report dated December 11, 2006, that he has 20,000 total flight hours of which 16,000 are as pilot-in-command. In addition the pilot stated he had flown 10 hours 25 minutes in the accident B-8M gyro copter as pilot-in-command.

AIRCRAFT INFORMATION

Review of information on file with the FAA Aircraft Certification Division revealed the gyro copter is still registered to its original owner in Lake Hills, Texas. The registered owner stated he owned the gyro copter for about 10 years, and had flown it between 50 to 75 hours. The gyro copter was disassembled about 5 years ago when he purchased and rebuilt a Falcon autogiro. The registered owner stated he used parts from the Bensen B8M on the Falcon autogiro. One of the parts was the tail section which still had the registration number N7030T painted on it. The Falcon autogiro was not registered with the FAA, did not have a current airworthiness certificate, or condition inspection. The registered owner stated he sold the Falcon autogiro/gyro copter to an individual in North Carolina, as parts in a "as is-where is, and not a completed airworthy aircraft" about 6 months before the accident. The registered owner stated the new owner asked him not to remove the registration number N7030T from the gyro copter as he wanted the registration number to be removed professionally. The new owner informed the registered owner that he was likely to register the aircraft as a sport aircraft. The registered owner stated the main seat fuel tank held about 7.5 gallons of fuel, and about 1.5 gallons of fuel was unusable fuel. Each side fuel tank held about 3 gallons of fuel per side, and about.50 gallons was unusable fuel. The registered owner further stated the gyro copter burns between 6 to 8 gallons of fuel per hour, and the gyro copter had between 10 to 20 total hours on the engine and airframe when he sold it to the buyer in North Carolina.

The new owner stated he did not re-register the gyro copter with the FAA, obtain an airworthiness certificate, or obtain a current condition inspection while he owned the gyro copter. When asked how he flew the gyro copter for 5 additional hours after he purchased it, the new owner became evasive. When the new owner was asked if he changed the capacity of the main seat fuel tank and side fuel tanks after he purchased the gyrocopter, he said no. The new owner stated when he made the decision to sell the gyro copter on ebay. He indicated in the vehicle description in ebay that the gyro copter had a fuel capacity of one ten gallon seat tank, and two reserve saddle bag tanks with a three hour fuel endurance. When asked if he changed the fuel capacity of the main seat fuel tank and side fuel tanks after he purchased the gyrocopter, the new owner stated no. The new owner stated he sold the gyro copter to a buyer from Charleston, South Carolina, on September 25, 2006, as parts and with out log books.

The buyer/new owner of the gyro copter at the time of the accident confirmed he purchased the gyro copter on ebay from the previous owner in North Carolina, and stated that he did not hold an airman certificate. The buyer/new owner stated the gyro copter was advertised as a Falcon gyro copter and it was not considered an ultra light. The vehicle description on ebay stated the vehicle had 20 total hours since construction. The gyro copter was sold without an airworthiness certificate, and it was also up to the buyer to have it registered with the FAA. The buyer/new owner was informed by the seller that the gyro copter did not have logbooks or a current condition inspection. The buyer/new owner stated he drove to North Carolina, and the seller flew the gyro copter for about seven minutes to demonstrate that the gyro copter would fly. The buyer/new owner transported the gyro copter by trailer and parked it in a friends rented hanger at Charleston Executive Airport, Charleston, South Carolina.

The buyer/new owner stated he refueled the gyro copter in October 2006. The seat fuel tank and two auxiliary fuel tanks were topped off. On November 26, 2006, the accident pilot who is a friend of one of the hanger renters asked the buyer/new owner if he could take the gyro copter up and see what it would do. The buyer/new owner said yes, and the accident pilot flew the gyro copter and landed. The buyer/new owner stated he did not know until after the accident that it was illegal for the accident pilot to fly the gyro copter, and he was not aware that the accident pilot continued to fly the gyrocopter with out his knowledge.

METEOROLOGICAL INFORMATION

The nearest weather reporting facility at the time of the accident was Charleston International Airport, Charleston, South Carolina, located 12 miles southwest of the accident site. The 1756 surface weather observation was: clear, visibility 10 miles, temperature 57 degrees Fahrenheit, dew point temperature 42 degrees Fahrenheit, winds 140-degrees at 4 knots, and altimeter 30.43.

WRECKAGE AND IMPACT INFORMATION

Examination of the crash site revealed the gyro copter collided with Bohicket River during an emergency landing and was submerged in 13 feet of water. The gyro copter was recovered by Charleston County Sheriff's Office Dive Team on December 12, 2006, and recovered to a private residence boat dock.

Examination of the wreckage by an FAA Inspector revealed the Falcon nose section of the cabin was cracked on the left side. The nose wheel remained attached to the keel. The left and right main landing gear remained attached to the keel. The instrument panel pedestal remained attached to the keel. The hour meter indicated 17 hours. The altimeter indicated 8,320 feet. The airspeed indicator indicated 20 knots.

The pilot seat remained intact and attached to the keel and mast. The shoulder harness was attached to the mast and the seatbelt was attached to an angle iron bolt attached to the seat. The seatbelt and shoulder harness were unfastened. The seat fuel tank was attached to a tubular mount and the keel. The fuel tank was not ruptured and no fuel or water was present. The seat tank filler cap was intact with a tight seal. The left and right auxiliary fuel tanks were attached to the seat tank and were not ruptured. The left auxiliary fuel tank had one eighth of an inch of fuel in the fuel tank and no water was resent in the auxiliary fuel tank. The right auxiliary fuel tank had one and one-quarter inch of fuel in the fuel tank and no water was present in the fuel tank. Both auxiliary fuel caps were intact with a tight seal. The in line fuel filter was removed and no fuel or water was present. The fuel selector was in the "seat" fuel tank position. The fuel selector was moved to the "side" position and about one ounce of fuel was collected, and no water was present. The carburetor bowl was removed and less than one ounce of water was present. The choke cable was disconnected from the choke valve on the carburetor, and the valve was in the unlocked position.

The cyclic control stick remained connected to the control yoke and the left and right push pull tubes that connect to the cross bar on the rotor head torque tube. The left and right rudder pedal cables were attached and extended rearward to the left and right rudder horns. The rudder remained attached to the keel and was damaged. The horizontal stabilizer remained attached to the keel and was damaged. The tail wheel remained attached to the keel.

The mast remained attached to the keel. The rotor blades remained attached to the rotor head. The teeter bolt remained attached the teeter towers. One composite rotor blade was bent upward at mid span. The remaining composite blade was bent upward at mid span and the blade tip was bent upward at a 45-degree angle.

The Subaru EA-82,100 horsepower engine, remained attached to the keel and the mast, and all accessories were attached. The propeller speed reduction unit remained attached to the engine. All three Warp drive propeller blades remained attached to the propeller hub and were not damaged.

The ignition system was examined. The distributor cap was crushed during recovery. The ignition harness was no damaged. All spark plugs were removed. The propeller was reinstalled and turned by hand. Valve and drive train continuity was observed, and compression and suction was obtained on all cylinders. The engine oil plug was removed, oil and water was drained from the oil sump, and no contaminants were present. The oil filter was removed and no contaminants were present. The air filter was removed and no anomalies were noted.

The gyro copter was released to the current owner by the FAA on December 14, 2006.

NTSB Probable Cause

The pilots improper preflight planning and decision resulting in a total loss of engine power due to fuel exhaustion.