ANC19LA032

On July 8, 2019, at about 1700 Pacific daylight time, a Cessna 172 airplane, N9919V, sustained substantial damage during a forced landing following a loss of engine power while in cruise flight near Newport, Oregon. The private pilot and one passenger sustained minor injuries and one passenger sustained serious injuries. The airplane was registered to and operated by the pilot under the provisions of 14 Code of Federal Regulations Part 91 personal flight. Visual meteorological conditions prevailed, and no flight plan had been filed. The flight departed Newport Municipal Airport (KONP), Newport, Oregon for a local whale watching flight. According to the pilot, after locating and circling a pod of whales for viewing, they had decided to return to KONP. While in level cruise flight about 1,200 ft above mean sea level (MSL) the engine began to surge with the rpm fluctuating between 2,100 and 2,600 rpm. In an effort to correct for the surging engine, the pilot switched fuel tanks, enrichened the fuel mixture and applied full throttle, to no avail. Unable to maintain altitude, and in an effort to avoid undue harm to persons on the ground, he selected an area of hilly, sand covered terrain for an emergency landing. During the emergency landing the airplane sustained substantial damage to the wings and fuselage. In a telephone conversation with a Federal Aviation Administration (FAA) aviation safety inspector (ASI), the pilot stated that the airplane had not had an annual inspection in about 3 years, he had not had a biennial flight review in 5 or 6 years and he did not have a current medical certificate. A review of FAA records revealed that the pilot's most recent third-class medical was issued July 30, 2004 with the limitation that he must wear corrective lenses and would have expired on July 31, 2006. Title 14 Code of Federal Regulations Part 61.23 – Medical Certificate; requirement and durations, states in part: (a) Operations requiring a medical certificate. Except as provided in paragraphs (b) and (c) of this section, a person (3) Must hold at least a third-class medical certificate - (i) When exercising the privileges of a private pilot certificate, recreational pilot certificate, or student pilot certificate, except when operating under the conditions and limitations set forth in §61.113(i); Title 14 Code of Federal Regulations Part 61.56 – Flight Review, states in part: (c) Except as provided in paragraphs (d), (e), and (g) of this section, no person may act as pilot in command of an aircraft unless, since the beginning of the 24th calendar month before the month in which that pilot acts as pilot in command, that person has - (1) Accomplished a flight review given in an aircraft for which that pilot is rated by an authorized instructor and (2) A logbook endorsed from an authorized instructor who gave the review certifying that the person has satisfactorily completed the review. According to the National Transportation Safety Board's (NTSB)Pilot/Operator Aircraft Accident/Incident Report submitted by the pilot the airplane's last annual inspection was completed on June 2, 2015. Title 14 Code of Federal Regulations Part 91.409 Inspections, states in part: (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had— (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by §43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter. Wreckage recovery personnel independently confirmed that no fuel was recovered from the airplane's wing tanks, or fuel lines that were removed for recovery. In a conversation with the NTSB investigator-in-charge (IIC) the pilot stated that the carburetor float had been replaced, and previous mechanical problems with the airplane included a fuel drain on the engine that was difficult to close, and the carburetor leaking fuel. In addition, he stated that he had visually verified two days before the accident that the airplane had about ½ tanks and the day before the accident the fuel gauges indicate about ¾ full and ¼ full respectively; however, it was possible he had run out of fuel. An examination of the airplane by an ASI with the FAA revealed that the main fuel line to the carburetor had separated at the carburetor casting during the accident sequence, and the strainer cable had stretched releasing any contents that may have been present in the gascolator. However, no fluid was discovered in the remainder of the fuel system including the carburetor bowl. In addition, during removal of the carburetor bowl it was discovered that the carburetor half screws were in and safetied but loose and did not appear to be torqued, with evidence of fuel leakage at the carburetor half seem. The closest weather reporting facility is Newport Municipal Airport (KONP), Newport, Oregon. At 1750, a METAR from KONP was reporting in part: wind, 310 at 8 knots; visibility, 10 statute miles; sky condition, clear; temperature, 62° F; dew point 57° F; and an altimeter setting of 30.02 inches of mercury.