CHI06FA224

The airplane was ditched in Lake Michigan following a total loss of engine power due to fuel exhaustion. The private pilot on board drowned following the ditching. The private pilot just purchased the airplane and was relocating it to another airport near his home in Ohio when the accident occurred. The private pilot did not have a tailwheel sign-off or a current biennial flight review. Arrangements were made through the aircraft manufacturer for an airline transport/ certified flight instructor (ATP/CFI) pilot who was a test and demonstration pilot for the company to fly the airplane back to Ohio with the new owner. Prior to takeoff, there was an aircraft accident on the airport involving another airplane and the airport was temporarily closed. During this delay, the ATP/CFI stepped up on the right wing step and looked over the wing trying to see the accident. He stated that when he got down off the wing the private pilot got up on the right wing step to look. The ATP/CFI stated that while the private pilot was up on the wing step they were informed that the first four airplanes to get to the engine start line would be able to depart. He stated that with the assistance of other pilots in the area, they were second in line at the start line and were able to takeoff. The ATP/CFI stated that when up on the wing step the only handhold available was the fuel cap, which both he and the private pilot held onto. The ATP/CFI stated the private pilot flew the airplane over the shoreline and out over the lake. He stated he commented to the private pilot about how far out over the water they were and after several comments the private pilot "reluctantly turned back closer to the shore line." The ATP/CFI stated that after flying for approximately two hours, he noticed the left fuel tank quantity indicator was indicating that the fuel tank was empty and the right fuel tank quantity indicator was showing about one inch of fuel. He stated the private pilot stated that the "fuel gauges must be malfunctioning as the E.I.S. [electronic information system] indicated that the rate of fuel burn was 5.8 G.P.H. with 8.3 gallons of fuel remaining." He stated the private pilot also told him the E.I.S. was indicating that there was 1 hour and 20 minutes of flying time remaining. He stated the private pilot then decided to divert to a closer airport. The ATP/CFI stated he suggested landing at the Gary-Chicago International Airport (GYY), Gary, Indiana. He stated that approximately 20 minutes later, while en route to GYY, he noticed that both fuel gauges were indicating empty. He stated that the private pilot again reported the E.I.S. was showing a fuel flow of 5.8 G.P.H. with 6.1 gallons of fuel left. The ATP/CFI stated that approximately four minutes later, the engine lost power. The private pilot landed the airplane on the water. Both pilots exited the airplane unharmed, however, the private pilot who did not know how to swim subsequently drowned. The ATP/CFI was picked up by a Coast Guard Auxiliary boat approximately 40 minutes after the accident. The right fuel cap was missing from the airplane when it was recovered from the bottom of the lake. No mechanical failures/malfunctions were noted during the on scene examination of the airplane and engine.

History of flight

On July 30, 2006, at 1612 central daylight time, an American Legend AL11C, N848LC, collided with the waters of Lake Michigan near Chicago, Illinois, following a loss of engine power during cruise flight. The airline transport pilot (ATP)/certified flight instructor (CFI) on board was not injured. A private pilot on board survived the impact, but drowned. The 14 Code of Federal Regulations (CFR) Part 91 personal flight was operating in visual meteorological conditions without a flight plan. The flight originated from Wittman Field (OSH), Oshkosh, Wisconsin, at about 1400, and was en route to the Wadsworth Municipal Airport (3G3), Wadsworth, Ohio, with an en route stop at an unidentified airport south of Gary, Indiana.

The private pilot purchased the airplane and had taken delivery of it during Experimental Aircraft Association AirVenture 2006. The private pilot was relocating the airplane back to his home airport when the accident occurred.

According to the private pilot's family he was going to OSH to pick up N848LC. They stated that pilot's flight instructor was supposed to fly the airplane back to Wadsworth, Ohio, but due to a schedule conflict the instructor was not able to make the trip. The private pilot's family stated he then contacted American Legend and arrangements were made for another pilot to fly the airplane back to Ohio with him.

An employee of American Legend stated the private pilot/aircraft owner contacted him and stated that the person who was going to fly the airplane back to Ohio was not going to be able to, and that he was not comfortable flying the airplane by himself. The employee stated arrangements were then made for the ATP/CFI to fly the airplane back with the owner.

The ATP/CFI reported that he went to the Experimental Aircraft Association AirVenture Fly-In as he had for the last several years. He reported that on the day of the accident, he was attempting to find a ride to an airport that had commercial service so he could fly back to Dallas. He reported that at approximately 1000 he was at the American Legend aircraft display when he was approached by the private pilot who informed him that he had just taken delivery of a Legend Cub. He reported the private pilot stated he was flying the airplane back to his home near Cleveland and that the employee of American Legend had given the private pilot his name as being someone who might want to ride along. He stated he accepted the offer to fly along on the flight to Ohio. He stated that he was not acting as a CFI on the flight, nor was he compensated for the flight.

He stated that he observed while the private pilot and an American Legend employee performed the aircraft preflight inspection. He stated he then helped the private pilot push the airplane out to the engine start line after which time he got into the back seat of the airplane. He stated that while they were waiting to takeoff, they were informed that the airport was closed and they were instructed to return to the tie down area. He stated he helped the private pilot push the airplane back to the tie down area where they waited for further instructions.

The ATP/CFI stated that as they waited, they were told there was an accident on the taxiway, which was why the airport was closed. He stated he was curious as to what was going on so he stepped up on the right wing step and looked over the wing trying to see the accident. He stated that when he got down off the wing the private pilot got up on the right wing step to look. The ATP/CFI stated that while the private pilot was up on the wing step they were informed that the first four airplanes to get to the engine start line would be able to depart. He stated that with the assistance of other pilots in area, they were second in line at the start line and were able to takeoff. The ATP/CFI stated that when up on the wing step the only handhold available was the fuel cap, which both he and the private pilot held onto.

The ATP/CFI stated they departed OSH and headed south to Fond du Lac before turning southeast toward Lake Michigan. The ATP/CFI stated the private pilot flew the airplane over the shoreline and out over the lake. He stated he commented to the private pilot about how far out over the water they were and after several comments the private pilot "…reluctantly turned back closer to the shore line."

The ATP/CFI stated that after flying for approximately two hours, he noticed the left fuel tank quantity indicator was indicating that the fuel tank was empty and the right fuel tank quantity indicator was showing about one inch of fuel. He stated the private pilot stated that the "fuel gauges must be malfunctioning as the E.I.S. [electronic information system] indicated that the rate of fuel burn was 5.8 G.P.H. with 8.3 gallons of fuel remaining." He stated the private pilot also told him the E.I.S. was indicating that there was 1 hour and 20 minutes of flying time remaining. He stated the private pilot then decided to divert to a closer airport. The ATP/CFI stated he suggested landing at the Gary-Chicago International Airport (GYY), Gary, Indiana. He stated that approximately 20 minutes later, while en route to GYY, he noticed that both fuel gauges were indicating empty. He stated that the private pilot again reported the E.I.S. was showing a fuel flow of 5.8 G.P.H. with 6.1 gallons of fuel left. The ATP/CFI stated that approximately four minutes later, the engine lost power.

The ATP/CFI stated he spotted a boat off to their right and that the private pilot established a glide toward the boat. He stated he made a "Mayday" call to GYY, opened the side doors, and secured the baggage while the private pilot continued to fly the airplane. He stated the private pilot slowed the airplane to stall speed and landed flat in the water. The ATP/CFI stated that both he and the private pilot were able to exit the airplane unharmed. He stated the private pilot held onto the outside of the airplane until it sank at which time he drowned. The ATP/CFI stated he began to swim toward a structure out in the lake and was picked up by a Coast Guard Auxiliary boat approximately 40 minutes after the accident.

The private pilot's family stated that he did not know how to swim.

Personnel information

The ATP/CFI held an ATP certificate with an airplane multiengine land rating. He also held a commercial pilot certificate with airplane single-engine land and airplane single-engine sea ratings. In addition, this pilot also held a CFI certificate with a single-engine land rating. This pilot held a first class medical certificate issued October 13, 2005, with the restriction, "Not valid for any class after." On the application for this medical certificate, the pilot reported having 12,000 hours of flight time.

Although not a paid employee of American Legend, the ATP/CFI pilot served as one of the company's test pilots and also flew demonstration flights for the company.

The pilot/aircraft owner held a private pilot certificate with a single-engine land rating. He also held a third class medical certificate dated August 16, 2005. The medical certificate contained the limitation that he must wear glasses for distant vision and posses glasses for near vision.

According to this pilot's logbooks, family, and his CFI, the pilot began flying in 1969 and received his private pilot certificate in October 1969. He continued to fly until 1973 at which time he stopped flying until 1990. According to his logbook, he flew 4 times during 1990 and 1991. The next flight logged was dated July 13, 2005. The logbook showed he had flown a total of 148.1 hours of which 3.5 hours were in an American Legend AL3C. In May 2006, the pilot began receiving flight instruction in tailwheel airplanes. The pilot's logbook did not contain a biennial flight review sign off no