Accident Overview
On May 6, 2008, about 1130 eastern daylight time, a kit-built Shaffstall, Kolb Firestar II airplane, registration N40737, sustained substantial damage when it collided with the ground during a forced landing. The accident occurred following a loss of engine power during the takeoff-initial climb at Concord, North Carolina. The airplane was operated by the pilot as a visual flight rules (VFR) local area personal flight under Title 14, CFR Part 91. Visual meteorological conditions prevailed, and no flight plan was filed. The flight originated at Buffalo Creek Airport, Concord.
Pilot Report
During a telephone conversation with the National Transportation Safety Board (NTSB) investigator-in-charge on May 7, the pilot reported that he planned to fly to a nearby racetrack. He drained and refilled the fuel tank, then ran the engine on the ground for about 30 minutes. He departed for one turn around the airport traffic pattern and landed. After rechecking the engine, he decided to depart for his intended destination. The pilot stated that he had just turned out from the local traffic pattern about 700 feet above the ground when the engine lost power. He attempted to turn back toward the airport, but the airplane's glide capabilities were poor. He tried to land on a nearby road, but the airplane descended in a steep, nose-down attitude and collided with the ground in the front yard of a residence.
Aircraft Information
A Federal Aviation Administration (FAA) aviation safety inspector from the Charlotte Flight Standards District Office reported that the airplane was equipped with a tailwheel, fabric-covered wings over a tubular frame, and a Rotax engine mounted at the back of the wing. The airplane was originally built with two seats and marketed as an ultralight. It was registered to the builder in 1995 as an airplane, and an "N" number was issued. The FAA's airplane registry still listed the builder as the owner, with a sale reported to another party, but not the pilot. The FAA inspector stated that the pilot told him he bought the airplane as a "no regulation" aircraft on eBay. The pilot assembled the airplane and installed only one seat.
In the Pilot/Operator Aircraft Accident Report (NTSB Form 6120.1) submitted by the pilot, he indicated that the airplane's engine was rebuilt about 30 hours before the accident. The airplane did not have a current registration nor an airworthiness certificate.
Investigation
The FAA and the pilot did not determine why the engine lost power. The investigation did not establish a probable cause for the power loss.