The pilot reported that although the airplane's fuel gauge was intermittent, he decided to depart on a night cross-country flight, and during the flight the engine lost power. He declared an emergency and selected a road to land on. During the landing, the airplane struck powerline wires and impacted the ground and came to rest inverted.

The airplane sustained substantial damage to both wings, the engine mounts, the rudder and the horizontal stabilizer.

Examination of the airplane by a Federal Aviation Administration Aviation Safety Inspector revealed that the fuel selector was set to the right-wing tank, and there was no usable fuel in the right-wing tank. The left-wing tank contained usable fuel.

Per 14 CFR 91.205, no person may operate a powered civil aircraft with a standard category U.S. airworthiness certificate with an inoperative fuel gauge.