ERA23LA262

NTSB accident investigation · Burton Searey · Sherrills Ford, NC · May 31, 2023

Accident · No injuriesClass 3 · LimitedFinal report
Date
May 31, 2023, 15:30 local (19:30 UTC)
Place
Sherrills Ford, NC
Injuries
2 uninjured
Damage
Substantial damage
Phase of flight
Takeoff
Aircraft
N2440SBurton Searey
Defining event
Takeoff: Fuel starvation
Weather
Visual (VMC) · Day
Status
Completed
Report
Approved by Office Director
Investigation class
Class 3
NTSB office
Eastern Region Aviation
Parties
Rotax Engines, FAA/FSDO, Federal Ministry for Climate Action, Environment, Energy, Mobility, Innovation and Technology
FAA report
20230531011599A
Case key
192333

From the NTSB’s public API. By law, NTSB reports can’t be used as evidence in lawsuits over the accident.

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Probable cause

The pilot’s failure to configure the amphibious airplane’s landing gear before conducting a forced landing to a lake after a loss of engine power. Also causal was the occluded gascolator and the pilot’s lack of knowledge about the airplane’s fuel system, which resulted in his failure to locate and identify the condition of the gascolator following a previous loss of engine power event.

Findings · 4

NTSB’s coded findings. Those marked are part of the probable cause; the rest are factors or other findings. Under each, the cases with the same finding.

Action: lack of actionPersonnel issues › Action/decision · PilotBurton Larry A SEAREY: 1 caseAll aircraft: 792 casesProbable cause
Knowledge: knowledge of equipmentPersonnel issues › Experience/knowledge · PilotBurton Larry A SEAREY: 1 caseAll aircraft: 69 casesProbable cause
Fuel system: fuel filter-strainerAircraft › Aircraft systems · Not serviced/maintainedBurton Larry A SEAREY: 1 caseAll aircraft: 52 casesProbable cause

Sequence of events

The events NTSB coded, in order, by phase of flight. The defining event is the one that best describes the accident. Under each, the cases with the same event anywhere in their sequence.

Analysis

The pilot of the amphibious, amateur-built airplane, who had purchased the airplane several months earlier and did not hold a rating for airplane single-engine sea, departed the lakefront grass runway and performed a sharp left turn to assume his enroute heading without retracting the airplane’s landing gear. The pilot reported that, about halfway through the turn, the engine exhibited a sudden loss of power but continued running with excessive vibration. Remedial actions to restore power were unsuccessful. The pilot stated that he selected a forced landing site on the lake and moved the landing gear selector to the “up” position with “about 25 ft of altitude nearing 50 mph of airspeed.” Photographs taken by a witness showed that the airplane contacted the water with the landing gear extended. The pilot stated that the airplane pitched forward upon water contact and came to rest upright in the water with substantial damage to the fuselage and right wing strut. Months before the accident, the pilot experienced a power loss event with the airplane that he and other owners of the same airplane make/model could not diagnose, ultimately agreeing that it was a case of the fuel tank unporting due to a low fuel state. Immediately after the accident, the pilot started the engine several times, but it would “choke out” each time. Postaccident examination of the airplane revealed a gascolator occluded by rusty particles and containing water and trace amounts of fuel. The pilot reported that he was unaware of this gascolator in the fuel system, and that its occlusion could have led to both engine power loss events. The owner declined to test run the engine after clearing the gascolator of contaminants, citing fears of further damage to the airplane since the engine was loose on its mounts.

Factual narrative

On May 31, 2023, at 1530 eastern daylight time, an experimental, amateur-built SeaRey amphibious airplane, N2440S, was substantially damaged when it was involved in an accident near Sherrills Ford, North Carolina. The pilot and the passenger were not injured. The airplane was operated as a Title 14 Code of Federal Regulations Part 91 personal flight. The pilot, who was also the owner of the airplane, provided a written statement and was later interviewed by telephone. He said that he departed Lake Norman Airpark (14A), Mooresville, North Carolina, which was his home airport, and flew about 3 minutes across the lake to Long Island Airpark (NC26). Before the flight, he performed a preflight inspection and engine run-up with no anomalies noted, and the flight was uneventful. According to the pilot, he and the passenger visited with a friend at NC26 before boarding the airplane for a flight to Statesville Regional Airport (SVH), Statesville, North Carolina. He stated that the airplane was airborne within the first 1/4 of the 3,000-ft-long turf runway, but had only climbed to 100 ft above ground level at the departure end, which abutted Lake Catawba. The pilot said he “immediately” performed a sharp left turn to assume his enroute heading because “there was no need to maintain runway heading once clear of obstacles.” The pilot reported that, about halfway through the turn, the engine exhibited a sudden loss of power, but continued running with excessive vibration. Remedial actions to restore power were unsuccessful. The pilot stated that he selected a forced landing spot on the lake and moved the landing gear selector to the “up” position with “about 25 ft of altitude nearing 50 mph of airspeed.” Photographs taken by a witness showed that the airplane contacted the water with the landing gear extended. The pilot stated that the airplane pitched forward upon water contact and came to rest upright and afloat in the water with substantial damage to the fuselage and right wing strut. After recovery of the airplane, the pilot started the engine for the Federal Aviation Administration (FAA) inspector who responded to the accident site. The engine started and ran before it “choked out” and stopped operating. This sequence was repeated multiple times. The pilot held a private pilot certificate with a rating for airplane single-engine land. He did not possess a rating for airplane single-engine sea. His most recent FAA third-class medical certificate was issued on May 15, 2022, at which time the pilot declared 361 total hours of flight experience, 36 hours of which were in the accident airplane. According to FAA and maintenance records, the airplane was manufactured in 1998 and was powered by a Rotax 914, 115-horsepower engine. The pilot purchased the airplane in February 2023. The airplane’s most recent condition inspection was completed February 6, 2023, at 724 total aircraft hours. The pilot explained that he had experienced an engine power loss onFebruary 18, 2023, and enlisted the help of other local SeaRey owners to diagnose the issue. He explained in detail their inspection of the airplane’s fuel system as they understood it. When asked if any licensed airframe and powerplant mechanics were part of the assembled troubleshooters, he said no. According to the pilot, he “deemed them to be qualified SeaRey mechanics” due to their histories with SeaRey airplanes and Rotax engines. After their draining and inspection of the fuel system revealed no anomalies, the consensus among the group was that the engine stoppage was likely due to an unported fuel tank, as there was only 4.5 gallons of fuel on board at the time of the power loss. Following the accident, the airplane was inspected by an FAA aviation safety inspector and a representative of the engine manufacturer. A gascolator mounted in the root of the wing was removed and found occluded by rusted particles, water, and traces of fuel (see Figure 1). A “witness hole” below the gascolator provided access to the drain, but it was not placarded, and the pilot/owner stated that he had not known of it before the inspection. Figure 1. – View of gascolator with rusted particles, water, and trace amounts of fuel as found (source FAA). Once the gascolator was cleared and the engine was ready for a test run, the owner declined, fearing further damage to the airplane, as the engine was loose in its mounts. According to the pilot, “Given all of the facts and my knowledge of engine fundamentals and performance, my best guess at this point would be the gascolator could have caused loss of power in both referenced flights.” According to the SeaRey Pilot Operation Handbook, Normal Land Takeoff:

Aircraft

Registration
N2440S
Reported as
Burton Searey
Category
Airplane, amateur-built
Serial number
1MK162
Built
1998
Airframe hours
724
Engine
Rotax 914, 115 horsepower, reciprocating
Damage
Substantial damage
Flight
Personal · Part 91
Registered owner
Hunt Jack A
Airworthiness certificate
Special, Experimental light sport (Special)
Last inspection
Condition · February 6, 2023 · 40 hours before
Destination
KSVH · Statesville, NC
Airport
NC26 · Long Island Airpark, runway 05, 3,000 × 100 ft, grass/turf
Equipment
Electronic primary flight display, Electronic multifunction display, ADS-B

Matched to the registry by N-number and the event date; the registry’s history has gaps, so older matches can be wrong. Compare the reported make and model.

Flight crew

As NTSB recorded them. NTSB leaves out names.

Role
Pilot
Age
43
Injuries
None
Certificate
Private
Airplane ratings
Single-engine land
Medical
Class 3, Without waivers/limitations
Last flight review
October 26, 2021
Seat
Left
Restraint
3-point
Flight hours
361.5 total · 36 in this make and model · 320 as pilot in command · 42.7 in the last 90 days · 18.3 in the last 30 days

Weather

Conditions
Visual (VMC) · Day
Wind
50° at 6 knots
Visibility
10 statute miles
Lowest ceiling
4,100 ft overcast
Temperature
72 °F, dew point 59 °F
Altimeter
30.12 inHg
Observed at
SVH, 5 nm away
METAR
KSVH 311825Z AUTO 05006KT 10SM OVC041 22/15 A3012 RMK AO2 T02220154

Docket · 6

The files NTSB released with the investigation on March 19, 2025, on NTSB’s docket system: statements, records, photos and specialists’ reports. 8.3 MB in all.

FAA reports on this event · 1

The FAA’s own accident and incident reports, matched to the aircraft by N-number and date.