MIA02FA048

The pilot stated that on the day of the accident he ordered fuel only on the first flight of the day. He said he did not add additional fuel during subsequent flights. He said he flew the accident airplane from Fort Lauderdale Executive Airport, Fort Lauderdale, Florida, to Chubb Cay, Bahamas, to Big Whale Cay, Bahamas, back to the Fort Lauderdale Executive Airport. He said he then departed Fort Lauderdale Executive Airport with his next load of passengers and flew to the North Eleuthera Airport, North Eleuthera, Bahamas, without having refueled, and was returning from North Eleuthera, Bahamas, to the Fort Lauderdale International Airport, when he ditched the airplane off Dania Beach, Florida, in the Atlantic Ocean. When asked whether the fuel on board the airplane had been exhausted, the pilot stated, " the way the engines were acting, it seemed like the airplane ran out of fuel." On scene examination of the airplane, as well as follow on examination of its engines revealed no preaccident anomalies with the airplane or its systems. Information obtained from the FAA showed that at 1757, the pilot contacted FAA Miami Approach Control and advised "minimum fuel, further stating that he was not declaring an emergency at that time. At 1758, the controller responded, passing communications control to the FAA Fort Lauderdale Air Traffic Control Tower (ATCT). In response to the pilot's initial communications call to the Fort Lauderdale ATCT, the pilot was given a clearance to land on runway 09R, and told that he was number one. At 1758:43, the pilot replied, asking if there was any chance of getting runway 27L, and at 1759:17, the controller instructed the pilot to descend at his discretion and remain slightly south of final for landing on runway 27L, and to expect 27L. At 1800:07, the pilot contacted the controller and stated, "two five yankee would like to declare an emergency at this time." At 1800:10, the controller responded, "two five yankee yes sir runway two seven left you are cleared to land the wind zero one zero at six." At 1800:16 the pilot responded acknowledging the wind report, and at 1800:27, the controller asked whether the nature of the emergency was minimum fuel, to which the pilot responded, "exactly two five yankee may be coming in dead stick. At 1800:40, the pilot stated that he had the airport in sight and will try to glide, and at 1801:32, the pilot said "two five yankee I'm going to be short of the shore." At 1802, the pilot ditched the airplane about 300 yards from the Dania Beach shoreline, in the area of John Lloyd State Park, in about 15 feet of water. The occupants of the airplane consisted of the pilot and four passengers. All exited the airplane and one passenger drowned in the Atlantic Ocean when according to the pilot "he was in a state of panic" when he tried to instruct him in the use of the life vest while they was in the water, and subsequently tried to use him for flotation when he tried to help him. All remaining passengers confirmed that the pilot had not given them any predeparture safety related briefing prior to or during the accident flight.

History of flight

On January 1, 2002, about 1802 eastern standard time, a Piper PA-31-250, N3525Y, registered to Taurus Wings Inc., and operated by Air Taxi Inc., as a Title 14 CFR Part 135 on demand air taxi flight, ditched in the Atlantic Ocean, near Hollywood, Florida. Visual meteorological conditions prevailed, and an international visual flight rules (VFR) flight plan was filed. The commercial-rated pilot, and three passengers received serious injuries, and one passenger sustained fatal injuries. The aircraft incurred substantial damage. The flight originated from North Eleuthera Island, in the Bahamas, the same day, about 1635.

Information obtained from the FAA showed that at 1757, the pilot of N3525Y contacted FAA Miami Approach Control and advised "minimum fuel." He further stated at that time that he was not declaring an emergency. At 1758, the Miami Approach controller responded, instructing the pilot to contact FAA Fort Lauderdale Air Traffic Control Tower (ATCT). During the pilot's initial communications call to the Fort Lauderdale ATCT, he was acknowledged by the Local Control- South controller, and was issued a clearance to land on runway 09R, and given the surface wind report. The controller also told the pilot that he was number one to land. At 1758:43, the pilot replied, asking if there was any chance of getting runway 27L, and the controller responded "all right continue the downwind and as you get closer I will let you know..." At 1759:17, the controller instructed the pilot to descend at his discretion and remain slightly south of final for landing on runway 27L, and to expect 27L.

At 1800:07, the pilot contacted the controller and stated, "two five yankee would like to declare an emergency at this time." At 1800:10, the controller responded, two five yankee yes sir runway two seven left you are cleared to land the wind zero one zero at six." At 1800:16 the pilot of N3525Y responded acknowledging the wind report, and at 1800:27 the controller asked whether the nature of the emergency was minimum fuel, to which the pilot responded, "exactly two five yankee may be coming in dead stick. At 1800:40, the pilot stated that he has the airport in sight and he will try to glide. After additional radio communication exchanges between the pilot and controller, at 1801:32, the pilot said "two five yankee I'm going to be short of the shore." At 1802, the pilot ditched the airplane about 300 yards from the Dania Beach shoreline, in the area of John Lloyd State Park, in about 15 feet of water.

During an interview conducted on January 8, 2002, the pilot stated to the NTSB that he did not calculate a detailed flight plan, and added that the airplane is equipped with a Global Positioning System (GPS) receiver, and he had made the trip in the past, so he knew approximately how long it took to make the journey and return. He also stated that he did not evaluate winds aloft data for the flight.

On the day of the accident, the pilot stated that he ordered fuel only on the first flight of the day. He said he did not add any additional fuel the day of the accident during the subsequent flights, and further stated that the airplane had been "topped off" at Banyan Air Service, with the refueler having added 76 gallons of fuel at 1000. He then flew the accident airplane from Fort Lauderdale Executive Airport to Chubb Cay, to Big Whale Cay, to Fort Lauderdale Executive Airport. He then proceeded from Fort Lauderdale to North Eleuthera Airport without having refueled, and was returning from North Eleuthera Airport, to Fort Lauderdale International Airport, Fort Lauderdale, Florida, when he ditched the airplane in the Atlantic Ocean.

On the accident flight from North Eleuthera Island Airport, the pilot said that after clearing Bahamian Customs, he loaded the passengers' baggage, allowed them to board the airplane, and did a quick "walk-around." He then boarded the airplane, closed the door, proceeded to the cockpit, and performed the pretakeoff passenger safety briefings. Next, he said he performed the airplane's checklist items, started the airplane engines, and taxied for takeoff. He said he had filed a VFR flight plan, and he was trying to "beat" sunset, so he would not have to file an IFR flight plan, adding that he had no problem with filing IFR, but was trying to avoid having to fly direct.

The takeoff, climb and initial cruise at 8,500 feet was uneventful. He was in radio communications contact with FAA Miami Approach Control, and initiated a descent about 30 minutes from Fort Lauderdale. About 15 minutes away from the Fort Lauderdale Airport, while continuing the descent, he said that an annunciator light on the panel, lit, and he turned on the emergency fuel boost pump. He flew the airplane in that configuration for about 5 minutes, and then the right engine started to surge. He said another annunciator light illuminated, but he was not sure which one, since he was busy trying to keep the right engine operating. He said he switched to the outboard tanks since he knew fuel was there, and stated that configuration worked for a few minutes. He said he then switched to both outboard tanks to preclude further problems with the right engine and after that the right engine started surging again, so he switched configuration so as to obtain fuel from the inboard tanks. He said he had no subsequent problems with the right engine, so he set the crossfeed to the left, with the right engine obtaining fuel from the left side, and the surging stopped. The pilot said that it was at that point that he declared "minimum fuel" to FAA Miami Approach Control. He further stated that he did not yet declare an emergency, because both engines were operating. He said the use of crossfeed worked for a few minutes and then the right engine started surging again and ceased operating, and he feathered the right propeller. The pilot said that that time that he declared an emergency due to minimum fuel over water with passengers aboard and asked to land on runway 27. According to the pilot, a few minutes after feathering the right propeller, the left engine started to surge and eventually it ceased operating as well, and he feathered it also. He said he then reported to Air traffic Control that he was not going to make the beach.

The pilot said that he could see the Fort Lauderdale International Airport, but he focused on flying the airplane as it descended, and held the airplane off as long as it would fly, and stalled it at the last moment, putting the tail in the water. According to the pilot, the next thing he remembered was awakening with water around his feet, and he told the passengers to exit the airplane, and swim toward the beach. He said he then assisted a passenger who could not exit the airplane on her own.

After exiting the airplane, the pilot said that as he was assisting the passenger he had helped out of the airplane, he saw another passenger who was holding on to the airplane while in the water, he told the passenger to move away from the airplane and swim toward the beach. He said that it was at that time that the passenger told him that he could not swim. The pilot said he then tried to assist the passenger and instruct him how to put on the life vest, but the passenger was in a state of panic, and was unable to follow instructions on the use of the life vest. When he attempted to approach and otherwise assist the passenger, the pilot said that the passenger continued to panic in the water, and attempted to use him for flotation. Being tired and injured, the pilot said he could not assist the passenger any further.

When asked whether the fuel on board the airplane had been exhausted, the pilot stated, "the way the engines were acting, it seemed like the airplane ran out of fuel."

The passengers stated that they had been overbooked on a U.S. Airways flight, and were not able to board. They further stated that after