MIA03LA112 · Beech C23

The pilot stated that the planned trip duration was between 2 hours 30 minutes and 2 hours 45 minutes. He originally planned to have 2 passengers on the flight but one of the passengers decided not to go. He and his wife arrived at the airport and the owner of the facility that rented the airplane to him asked him how much fuel was needed. A discussion with himself, the owner of the renting facility, and a certified flight instructor was held and it was agreed by all that a total of 40 gallons of fuel would be needed which included fuel for reserve. At 1710, the operator placed a fuel order with the only fuel facility on the airport. He performed his preflight inspection of the airplane at about 1740 hours which included a visual check of the fuel level in the fuel tanks. He estimated the total fuel capacity at the time of takeoff was 30 gallons. The engine was started at 1745, and taxied to runway 06. The flight departed and climbed to 7,500 feet where the flight proceeded direct to the destination (Daytona Beach International Airport). When the flight was just past Valdosta, he descended to 5,500 feet and remained at that altitude for a few minutes then descended to 3,000 feet to maintain VFR conditions. The flight continued and the pilot further stated that when over the St. Johns River just west of St. Augustine, he descended to 1,500 feet to maintain VFR conditions. When the flight was clear of weather he climbed to 2,500 feet and established radio contact with Daytona Beach Approach Control. The controller "gave us the go" for a left base to runway 7L at his destination airport when the flight was 7 miles away. At that time the engine lost power and he immediately switched to the left tank. During the flight he had repositioned the fuel selector every 30 minutes. The engine was operating so he elected to divert to Ormond Beach. The controller asked if there was a problem and he replied he needed to stop for fuel. The controller gave him a frequency change to the Ormond Beach UNICOM frequency, and there was no response to his radio calls. He turned close in on the base leg and while on final approach, the engine "cut out...." The propeller windmilled for a short time then stopped as the flight was clearing trees at the approach end of the runway. The airplane was landed in grass short of the runway resulting in collapse of the nose landing gear and subsequent nose over. He and the passenger (his wife) exited the airplane and walked to the airport for assistance. He further reported there was no mechanical failure or malfunction. According to a sergeant with the Ormond Beach Police Department who is familiar with aviation, the fuel tanks did not contain any fuel and there was no smell of fuel at the accident site or in the cabin. According to an FAA inspector who examined the airplane, both fuel gauges indicated empty with electrical power applied, and both fuel tanks were empty. The fuel selector was found positioned to the left fuel tank. No fuel was found in the gascolator. Examination of all engine controls and flight controls revealed no evidence of preimpact failure or malfunction. Examination of the propeller revealed 1 propeller blade was bent slightly at the tip. Damage to the airframe precluded an engine run. Examination of the engine revealed crankshaft and valve train continuity; no engine discrepancies were reported. According to the operator of the airplane, the airplane was last fueled on May 22, 2003, which brought the fuel level to the bottom of the tabs in each fuel tank (15 gallons a side). The engine was then operated for 24 minutes while on the ground; no flight was performed. He checked the fuel level in both fuel tanks earlier in the day of the accident date and reported that the fuel level in the left tank was below the bottom of the tab and the fuel level in the right fuel tank was at the bottom of the tab. He was aware that the accident pilot intended on flying the airplane and he asked the pilot how much fuel was needed for the trip. The reply was both sides to the slot which would give 20 gallons a side. He called the order in at 1710 hours. According to the fuel facility located on the airport, the fuel request was made but the flight departed before the airplane was fueled. Records provided by the owner indicate that at the time of the accident, the airplane had been operated for 2.7 hours since engine start. According to the Pilot's Operating Handbook and FAA Approved Airplane Flight Manual, when fuel touches the bottom of the tab it indicates 15 gallons of fuel, of which 13.7 gallons are usable.

Verbatim NTSB analysis and probable cause from the NTSB dataset