# NTSB ERA23LA338: Stephen J Moorman Just Aircraft Highla, N169SM, Edenton, NC, August 13, 2023

- Type: NTSB accident investigation
- Classification: Accident · No injuries · Class 3 · Limited · Final report
- Date: August 13, 2023, 12:10 local (16:10 UTC)
- Place: Edenton, NC
- Coordinates: 36.02181, -76.46954
- Nearby events: https://openairdocs.org/map.md?lat=36.0218&lon=-76.4695&mi=10
- Phase of flight: [Enroute](https://openairdocs.org/ntsb-phases/400) (OpenAirDocs' grouping)
- Defining event: [Enroute: Fuel exhaustion](https://openairdocs.org/ntsb-events/192)
- Highest injury: No injuries
- Injuries: 2 uninjured
- Status: Completed
- Report: Approved by Office Director
- Investigation class: Class 3
- NTSB office: Eastern Region Aviation
- Parties: FAA/FSDO
- NTSB case key (mKey): 192886
- NTSB case page: https://web.ntsb.gov/investigations/?ntsbnumber=ERA23LA338
- NTSB report (PDF, downloads): https://data.ntsb.gov/carol-repgen/api/Aviation/ReportMain/GenerateNewestReport/192886/pdf
- NTSB docket: https://data.ntsb.gov/Docket?ProjectID=192886
- Page: https://openairdocs.org/ntsb/ERA23LA338

## Probable cause

The pilot’s inadequate fuel planning, which led to a total loss of engine power due to fuel exhaustion.

## Findings

NTSB's coded findings; those marked are part of the probable cause.

- [Planning/preparation: fuel planning](https://openairdocs.org/ntsb-findings/02061030): Personnel issues › Task performance · Pilot (probable cause); cases with it: [Stephen J Moorman JUST AIRCRAFT HIGHLA, 1 case](https://openairdocs.org/ntsb-findings/02061030/cases.md?model=05632CO), [All aircraft, 719 cases](https://openairdocs.org/ntsb-findings/02061030/cases.md)
- [Fluids: fuel](https://openairdocs.org/ntsb-findings/01071010): Aircraft › Fluids/misc hardware · Fluid level (probable cause); cases with it: [Stephen J Moorman JUST AIRCRAFT HIGHLA, 1 case](https://openairdocs.org/ntsb-findings/01071010/cases.md?model=05632CO), [All aircraft, 1,695 cases](https://openairdocs.org/ntsb-findings/01071010/cases.md)

## Sequence of events

The events NTSB coded, in order, by phase of flight. The defining event best describes what happened.

- [Enroute: Fuel exhaustion](https://openairdocs.org/ntsb-events/192) (defining event); cases with it: [Stephen J Moorman JUST AIRCRAFT HIGHLA, 1 case](https://openairdocs.org/ntsb-events/192/sequence.md?model=05632CO), [All aircraft, 804 cases](https://openairdocs.org/ntsb-events/192/sequence.md)
- [Emergency descent: Ditching](https://openairdocs.org/ntsb-events/441); cases with it: [Stephen J Moorman JUST AIRCRAFT HIGHLA, 1 case](https://openairdocs.org/ntsb-events/441/sequence.md?model=05632CO), [All aircraft, 186 cases](https://openairdocs.org/ntsb-events/441/sequence.md)

## Analysis

The pilot reported that he departed with 4 gallons of fuel onboard and the purpose of the accident flight was to fly to an airport that sold fuel. During approach to the destination airport, the pilot thought that the control tower had not opened yet, but it had. He was having difficulty hearing the controller over the radio and was not prepared to enter controlled airspace, so he diverted to another airport. While en route to the diversion airport, the engine lost all power and the pilot ditched the airplane in a sound. Postaccident examination of the wreckage following initial recovery from the sound and again at a recovery facility did not reveal any preimpact mechanical malfunctions that would have precluded normal operation. The airplane had flown for about 40 minutes with 4 gallons of fuel. Based on engine fuel consumption data, the engine likely exhausted its fuel supply during the diversion to an alternate airport.

## Factual narrative

On August 13, 2023, about 1210 eastern daylight time, an experimental amateur-built Just Aircraft Highlander, N169SM, was substantially damaged when it was involved in an accident near Edenton, North Carolina. The private pilot and passenger were not injured. The airplane was operated as a Title 14 Code of Federal Regulations Part 91 personal flight. The pilot reported that there were 4 gallons of fuel onboard the airplane when he departed from First Flight Airport (FFA), Kill Devil Hills, North Carolina at 1130. The purpose of the flight was to fly to Dare County Regional Airport (MQI), Manteo, North Carolina, to purchase fuel. The pilot radioed his intentions to land on the common traffic advisory frequency and received a reply to radio the control tower, as MQI was a tower-controlled airport; however, a notice to airmen was in effect that the tower was not open until 1230. The pilot radioed the tower but could not hear the controller clearly and was not prepared to enter a towered airport airspace, so he diverted to Northeast Regional Airport (EDE), Edenton, North Carolina, for fuel. While en route to EDE, at 1,200 ft mean sea level over Albermarle Sound, the engine lost all power and the pilot ditched the airplane in the sound. The wreckage was recovered from the sound 3 days later. A Federal Aviation Administration inspector examined the wreckage at the shore and noted that the right elevator had separated from the airplane and was not recovered from the sound. Both wing fuel tanks were full of water. The tanks appeared intact, but water could have entered through the fuel tank vents. The carburetor and fuel bowls had about a “50/50” mixture of fuel and water remaining in them. The inspector was able to rotate the propeller and confirm continuity to the rear accessory section of the engine; however, there was some hydraulic lock due to water in the cylinders. The air filter appeared free of obstructions. The engine was examined again at a recovery facility. The top spark plugs were removed from the engine. Their electrodes were intact and light gray in color. The propeller was rotated by hand 360° to confirm crankshaft, camshaft, and valvetrain continuity to the rear accessory section of the engine. Thumb compression was verified on all four cylinders. The oil filter was opened and its screen was absent of metallic contamination. Review of fuel consumption data from the engine operator’s manual revealed that the engine consumed 7.1 gal/hr at takeoff performance, 6.6 gal/hr at maximum continuous performance, and 4.9 gal/hr at 75% continuous performance.

## Aircraft

- Registration: [N169SM](https://openairdocs.org/aircraft/N169SM), registered now, S/N JAESC0049 (OpenAirDocs)
- Reported make and model: STEPHEN J MOORMAN JUST AIRCRAFT HIGHLA
- Registry model: [Stephen J Moorman JUST AIRCRAFT HIGHLA](https://openairdocs.org/model/stephen-j-moorman-just-aircraft-highla) (registry code 05632CO) (OpenAirDocs)
- Registry engine: [Rotax 912ULS2](https://openairdocs.org/engine/rotax-912uls2) (registry code 55599, 4 cycle) (OpenAirDocs)
- Category: Airplane, amateur-built
- Serial number: JAESC0049
- Year built: 2012
- Airframe hours: 600
- Engines: Rotax 912 ULS 100 horsepower reciprocating
- Damage: Substantial damage
- Flight: Personal, Part 91
- Airworthiness certificate: Special, Experimental (Special)
- Last inspection: Condition, July 19, 2023, 6 hours before
- Departed: FFA, Kitty Hawk, NC
- Destination: MQI, Manteo, NC
- Equipment: Onboard weather, Electronic primary flight display, ADS-B, Electronic flight bag or handheld device, Electronic multifunction display

## Flight crew

As NTSB recorded them. NTSB leaves out names.

- Pilot; age 58; injuries: none; private; airplane ratings: single-engine land; medical: basicmed; last flight review August 2, 2023; seat: left; restraint: 3-point; flight hours: 535 total, 378 in this make and model, 464 as pilot in command, 13 in the last 90 days, 10 in the last 30 days

## Weather

- Conditions: Visual (VMC), Day
- Wind: 240° at 8 knots
- Visibility: 10 statute miles
- Lowest ceiling: none
- Temperature: 93 °F, dew point 82 °F
- Altimeter: 29.97 inHg
- Observed at: EDE, 5 nm away
- METAR: METAR KEDE 131630Z AUTO 24008KT 10SM CLR 34/28 A2997

## 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 20230813012799A](https://openairdocs.org/incident/20230813012799A), Aug 13, 2023: Stephen J Moorman JUST AIRCRAFT HIGHLA, Edenton, NC, Substantial damage. On 08/13/2023 PIC and one passenger were traveling from first flight airport (ffa) kill devil hills, NC to northeastern regional airport (ede) Edenton, NC when…

## Docket (4 files)

The files NTSB released with the investigation on July 10, 2024, on NTSB's docket system: https://data.ntsb.gov/Docket?ProjectID=192886. 2.9 MB in all.

- Pilot/operator aircraft accident report, NTSB form 6120.1 (item 1, PDF, 11 pages, 2.3 MB): https://data.ntsb.gov/Docket/Document/docBLOB?ID=16134578&FileExtension=pdf&FileName=6120_Redacted-Rel.pdf
- Memoranda for the record (item 2, PDF, 2 pages, 78 KB): https://data.ntsb.gov/Docket/Document/docBLOB?ID=16135582&FileExtension=pdf&FileName=MFRs-Rel.pdf
- Excerpt from engine operators manual (fuel consumption) (item 3, PDF, 1 page, 66 KB): https://data.ntsb.gov/Docket/Document/docBLOB?ID=16134722&FileExtension=pdf&FileName=Pages%20from%20OPERATORS%20MANUAL-Rel.pdf
- Photo array (item 4, PDF, 3 pages, 2 photos, 461 KB): https://data.ntsb.gov/Docket/Document/docBLOB?ID=16134422&FileExtension=pdf&FileName=Photo%20Array%20-Rel.pdf

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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