CHI94LA059

Neither the CFI or student pilot visually checked the fuel quantity in the fuel tanks during the preflight. The student stated the fuel caps were frozen and as he was attempting to free the caps the CFI stated 'it was alright' and to get in the airplane. The CFI later stated he had checked the left tank and thought the student had checked the right tank. The student stated he was under the impression that the CFI had checked the fuel quantity prior to his arrival so he got in the airplane. Several local practice approaches were made and following the last approach while circling to land, a loss of engine power resulted. The CFI attempted to restart the engine, but power was not regained. A forced landing was made on top of a ridge during which the left wing contacted the terrain. Post accident inspection revealed the right fuel tank was empty and the left tank contained 1 gallon of fuel.

On December 23, 1993, at 1207 central standard time, a Beech C23, N9228S, operated by General Aviation Services, collided with the terrain during a forced landing following a loss of engine power.

The power loss occurred while the airplane was circling to land on runway 27L at the Flying Cloud Airport, Eden Prairie, Minnesota, while on an instrument training flight. Visual meteorological conditions prevailed and no flight plan was filed.

The airplane was substantially damaged. The Certified Flight Instructor (CFI) and instrument student pilot where not injured. The flight originated from Eden Prairie, Minnesota, on December 23, 1993, at 1030 cst.

The student stated they were running late on the scheduled flight period due to his late arrival at the airport. He stated that during his preflight he discovered the fuel caps were frozen shut. He stated he was attempting to get the caps off when his instructor, who was already in the airplane, stated, "it was alright" and to get in the airplane. The student stated he got in the airplane and initiated the flight without visually checking the fuel quantity in the tanks. He did stated the fuel gauges showed approximately 3/4 full of fuel in each tank.

The CFI stated he told the student to go out and preflight the airplane as usual. He stated that at few minutes later he went out to the airplane to "set up in the cockpit." He stated he checked the fuel level in the left tank which was noted to be at the tab but did not check the fuel quantity in the right tank assuming the student had done so.

Both pilots stated they took off and practiced several approaches. The last approach was the VOR 36 at Flying Cloud Airport with a circle to land on runway 27L. The pilots stated that while circling to land (approximately on a base leg) the engine lost power. The CFI attempted to restart the engine to no avail and an off airport landing was made in hilly terrain. The CFI stated that during the landing on top of a ridge, the left wing contacted the terrain first and the airplane slid down the side of the ridge coming to a stop with the gear collapsed.

Post accident inspection of the airplane by the Federal Aviation Administration revealed, "There was nothing that indicated any type of mechanical failure." The right wing tank was found empty of fuel. The left wing tank contained approximately 1 gallon of fuel. Refueling records and aircraft flight log records show the airplane had been flown 3.8 hours prior to last having been refueled.