IAD97LA119

The pilot reported that he was 25 minutes into a 35 minute flight when the engine sputtered. His attempts to restart were unsuccessful, and a forced landing was performed to a small, rough field. Examination of the wreckage by an FAA Inspector revealed no evidence of fuel. The pilot reported that he had refueled the airplane prior to takeoff, but was unable to provide the receipts. He voluntarily surrendered his commercial pilot's certificate and voluntarily downgrade to a private certificate in lieu of a check ride.

On September 5, 1997, at 1525 eastern daylight time, a Luscombe LL-8-F, N1871K, was substantially damaged when it collided with terrain during a forced landing precipitated by a loss of engine power near Carrollton, Ohio. The certificated commercial pilot received minor injuries. Visual meteorological conditions prevailed and a flight plan was not filed. The flight originated at New Castle, Pennsylvania, and was conducted under 14 CFR Part 91.

The pilot reported that 25 minutes into a 35 minute flight, the engine sputtered twice, then it lost power. His attempts to restart the engine were unsuccessful. A forced landing was performed to a small, rough field. During the forced landing, the airplane collided with a fence and the airplane nosed over.

According to the pilot, he had topped off the fuel tanks for the flight. He estimated his fuel consumption was 4 gallons, and he had approximately 25 gallons of fuel on board.

According to a Federal Aviation Administration (FAA) Inspector, the airplane was moved to a hangar in New Castle, Pennsylvania, where it was examined. The examination revealed that the fuel tanks were empty.

According to the Inspector, the pilot was asked to produce any evidence of refueling the airplane. He was unable to do so. He voluntarily surrendered his commercial pilot's certificate, and voluntarily downgraded it to a private pilot certificate in lieu of submitting to a re-examination.