Background
The pilot had recently purchased an experimental, amateur-built Long-EZ airplane. The fuel system differed from the designer's plans; the original builder had relocated the fuel selector handle from between the front pilot's legs to a position behind and above the left shoulder. The handle had no markings for its operating positions: up (off), down (right tank), and right (left tank). This modification did not require FAA approval or a placard.
Preflight and Departure
On October 11, 1997, at Santa Maria, California, the pilot received a half-hour flight and ground checkout from another Long-EZ pilot. The checkout pilot reported that the pilot needed a seatback cushion to reach the rudder pedals and had difficulty reaching the fuel selector handle while seated. The pilot then departed on a one-hour flight to his home base at Monterey with an estimated 12.5 gallons in the right tank and 6.5 gallons in the left tank. The checkout pilot estimated about 9 gallons were needed for the flight and noted the selector was positioned to the right tank before departure.
On October 12, 1997, a maintenance technician assisted the pilot in preparing for another flight. During preflight, the pilot was not observed to visually check the fuel. The technician noted the pilot had difficulty reaching the fuel selector handle when seated. He gave the pilot a mirror to look over his shoulder at the unmarked, non-linear fuel sight gauges located in the rear cockpit. The technician estimated the available fuel: left tank less than 1/4 full, right tank less than 1/2 full, assuming accurate and linear gauges. The pilot declined an offer for additional fuel, saying he would be airborne only about one hour. The technician observed the fuel selector handle in a vertical position before engine start, but did not note whether it was up (off) or down (right tank). As the technician went to the hangar, he heard the engine start and run briefly, then quit. He saw the pilot turn toward the selector, then motion that things were all right. The technician did not observe if the pilot repositioned the selector.
Flight and Accident
The pilot restarted the engine, taxied, took off, and performed three touch-and-go landings over about 26 minutes, followed by a straight-out departure to the west. Ground witnesses saw the airplane in straight and level flight about 350 to 500 feet over a residential area, then heard a reduction of engine noise. The airplane pitched slightly nose up, banked sharply to the right, and descended nose first into the ocean.
Post-Accident Examination
Major structural components of the airframe were found fragmented on the ocean floor near the engine, but no preimpact part failure was found. The fuel selector valve was found in an intermediate position, about one-third open between the engine feed line and the right tank, and about 2-4% open to the left tank. Tests using another engine showed that full power could be achieved with the selector in the as-found position; however, when the cap was removed from the left port (simulating an empty left tank), fuel pressure dropped to less than half and within seconds the engine lost power.
Simulation
Conditions were simulated using another Long-EZ to evaluate the maneuver required to switch fuel tanks from the front seat. The simulation revealed that four actions were required: remove hand from control stick, loosen shoulder harness, rotate upper body to the extreme left to reach the selector handle, and rotate the handle to a non-marked position. During evaluation, investigators noted a natural reaction for the pilot's right foot to depress the right rudder pedal when turning to reach the selector. With the right rudder depressed in flight, the airplane would pitch up slightly and bank to the right.