# NTSB ATL94LA089: Hesterlee Rutan Vari EZE, N41ES, Statesville, NC, May 1, 1994

- Type: NTSB accident investigation
- Classification: Accident · No injuries · Limited investigation · Final report
- Date: May 1, 1994, 15:45 local (19:45 UTC)
- Place: Statesville, NC
- Coordinates: 35.78004, -80.879425 (estimated)
- Nearby events: https://openairdocs.org/map.md?lat=35.7800&lon=-80.8794&mi=10
- Phase of flight: [Takeoff](https://openairdocs.org/ntsb-phases/300) (OpenAirDocs' grouping)
- Highest injury: No injuries
- Injuries: 1 uninjured
- Status: Completed, report February 24, 1995
- Report: Approved by Office Director
- NTSB case key (mKey): 3378
- NTSB case page: https://web.ntsb.gov/investigations/?ntsbnumber=ATL94LA089
- NTSB report (PDF, downloads): https://data.ntsb.gov/carol-repgen/api/Aviation/ReportMain/GenerateNewestReport/3378/pdf
- Page: https://openairdocs.org/ntsb/ATL94LA089

## Probable cause

The pilot's improper positioning of the fuel selector, which resulted in fuel starvation during the initial climb after takeoff. A factor was a ditch adjacent to the runway.

## Sequence of events

In NTSB's coding before 2008 (https://www.ntsb.gov/GILS/Documents/codman.pdf).

- Loss of engine power(total) - nonmechanical, takeoff
  - fluid,fuel - starvation (cause)
  - fuel tank selector position - improper, pilot in command (cause)
- Forced landing, descent - emergency
- In flight collision with terrain/water, descent - emergency
  - terrain condition - ditch (contributing factor)

## Analysis

DURING THE INITIAL CLIMB AFTER TAKEOFF, THE ENGINE QUIT. A FORCED LANDING WAS ATTEMPTED, WHICH RESULTED IN A COLLISION WITH A DITCH AS THE PILOT ATTEMPTED TO RE-LAND ON THE REMAINDER OF THE DEPARTURE RUNWAY. THE PILOT REPORTED THAT HE MOVED THE FUEL SELECTOR FROM THE AUXILIARY TANK POSITION TO THE OFF POSITION  INSTEAD OF THE MAIN TANK POSITION.

## Factual narrative

On May 1, 1994, about 1545 eastern daylight time, a Hesterlee  Rutan Vari Eze, N41ES, collided with the ground during a  forced landing at Statesville, North Carolina. The airplane  was operated by the pilot under 14 CFR Part 91, and visual  flight rules. Visual meteorological conditions prevailed.  A flight plan was not filed for the personal flight. there  were no injuries to the private pilot, and the airplane was  substantially damaged. The flight was originating at the  time of the accident.

The pilot believed that he inadvertently turned the fuel  selector from the auxiliary tankposition to the off  position, instead of the main fuel tank position.  During the initial climb after takeoff, the engine quit.  A forced landing was attempted which resulted in a collision with a ditch, as the pilot tried to re-land on the runway.

## Aircraft

- Registration: [N41ES](https://openairdocs.org/deregistered/N41ES-2015-05-15), registration cancelled 2015-05-15, S/N 676, built 1980 (OpenAirDocs)
- Reported make and model: HESTERLEE RUTAN VARI EZE (RUTAN VARI)
- Registry model: [Hesterlee David R VARIEZE](https://openairdocs.org/model/hesterlee-david-r-varieze) (registry code 05609EZ) (OpenAirDocs)
- Registry engine: [Continental 0-200 series](https://openairdocs.org/engine/continental-0-200-series) (registry code 17020, reciprocating) (OpenAirDocs)
- Category: Airplane, amateur-built
- Serial number: 676
- Airframe hours: 909
- Engines: CONTINENTAL O-200 100 horsepower reciprocating
- Damage: Substantial damage
- Flight: Personal, Part 91
- Registered owner: Stamper, Edward K., Jr.
- Airworthiness certificate: Special, Experimental (Special)
- Last inspection: Annual, September 27, 1993, 40 hours before
- Destination: W44, ASHEBORO, NC
- Airport: SVH, Statesville Municipal, runway 28, 5,004 × 100 ft, asphalt

## Flight crew

As NTSB recorded them. NTSB leaves out names.

- Pilot; age 32; private; airplane ratings: single-engine land; instrument ratings: airplane; medical: class 2, valid medical--w/ waivers/lim; seat: front; flight hours: 1,535 total, 69 in this make and model, 333 as pilot in command, 70 in the last 90 days, 29 in the last 30 days, 2 in the last 24 hours

## Weather

- Conditions: Visual (VMC), Day
- Wind: 190° at 5 knots, gusting 8
- Visibility: 15 statute miles
- Lowest ceiling: none
- Temperature: 70 °F, dew point 43 °F
- Altimeter: 29.00 inHg

## FAA reports on this event (1)

The FAA's own accident and incident reports, matched to the aircraft by N-number and date (OpenAirDocs).

- [Accident 19940501009649A](https://openairdocs.org/incident/19940501009649A), May 1, 1994: Amtrru VARIEZE, Statesville, NC, Substantial damage. Pilot inadvertently selected fuel tank lever o oof on pre flight. Engine failed on luftoff, landed beside runway.

From the NTSB's public API. Aircraft are matched to registry aircraft by N-number and event date, checked against the reported serial number, make and model; the registry's history has gaps, so older matches can be wrong. Compare the reported make and model.

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