Background
The pilot planned a flight with an estimated duration between 2 hours 30 minutes and 2 hours 45 minutes, intending to carry two passengers. One passenger canceled, leaving the pilot and his wife. While at the airport, the pilot discussed fuel needs with the facility owner and a certified flight instructor. They agreed that 40 gallons, including reserve, were required. At 1710, a fuel order was placed with the airport's fuel facility.
Flight
The pilot performed a preflight inspection at about 1740, estimating 30 gallons of fuel in the tanks. Engine start was at 1745, followed by taxi and departure from runway 06. The flight climbed to 7,500 feet, later descending to 5,500 feet and then to 3,000 feet to maintain VFR conditions. After crossing the St. Johns River, the pilot descended to 1,500 feet, then climbed to 2,500 feet after clearing weather. Contact was established with Daytona Beach Approach Control, who cleared the flight for a left base approach to runway 7L from 7 miles out.
At that moment, the engine lost power. The pilot switched fuel tanks and the engine resumed operation, prompting a diversion to Ormond Beach. During the approach, the engine cut out again. The propeller windmilled briefly and stopped as the aircraft cleared trees near the runway. The pilot landed in grass short of the runway; the nose landing gear collapsed and the aircraft nosed over. The pilot and his wife exited and walked to the airport for assistance.
Post-Accident Examination
A police sergeant familiar with aviation reported that the fuel tanks contained no fuel and no fuel odor was present at the scene. An FAA inspector found both fuel gauges indicated empty with electrical power applied, and both fuel tanks were empty. The fuel selector was positioned to the left tank, and no fuel was found in the gascolator. Examination of engine controls and flight controls revealed no preimpact failure or malfunction. One propeller blade was slightly bent at the tip. Damage prevented an engine run, but the engine exhibited crankshaft and valve train continuity with no discrepancies.
Fuel History
The aircraft was last fueled on May 22, 2003, to the bottom of the fuel tabs (15 gallons per side). Following that, the engine was operated on the ground for 24 minutes with no flight. On the accident day, the operator checked fuel levels: the left tank was below the tab, the right tank at the tab. The pilot requested fueling to the slots (20 gallons per side), and the order was placed at 1710. However, the fuel facility reported that the flight departed before fueling occurred. Records indicated the aircraft had been operated for 2.7 hours since engine start. According to the Pilot's Operating Handbook, fuel at the bottom of the tab indicates 15 gallons, with 13.7 gallons usable.