MIA95LA126

After takeoff while turning left crosswind at 300-400 feet above ground level, the engine quit. The previous owner who was demonstrating the airplane to the current owner took the flight controls and maneuvered the airplane for landing. During the descent the airplane collided with trees then the ground. Examination of the airplane at the accident site by an FAA inspector revealed no evidence of fuel leakage beneath the right wing fuel tank which was found to be impact damaged. Examination of the engine revealed no evidence of mechanical failure or malfunction. Examination of the engine-driven fuel pump and inlet fuel line to the pressure carburetor revealed only 1 or 2 drops of fuel in each component. The fuel selector was positioned to the right wing fuel tank which was determined to be the fullest of the two tanks before takeoff. The engine had been operated for about 1 hour 25 minutes at the time of the accident.

On May 5, 1995, about 1155 eastern daylight time, a Focke- Wulf FWP 149D, registered to Warbird Aircraft Restoration & Salvage, Inc., crashed near the St. Augustine Airport, St. Augustine, Florida. Visual meteorological conditions prevailed at the time and no flight plan was filed for the 14 CFR Part 91 personal flight. The airplane was substantially damaged and the private-rated pilot-in-command, private-rated second pilot, and one passenger were seriously injured. The flight originated from the St. Augustine Airport, about 5 minutes before the accident.

The airplane had been recently purchased and the owner was required by his insurance company to fly for 2 hours with the previous owner, before solo flight. The previous owner performed the preflight of the airplane with the present owner observing and taking notes. Examination of the fuel system revealed no evidence of contamination. The right wing fuel tank was selected to supply fuel to the engine for the flight. The current owner was seated in the left forward seat with the previous owner next to him. A passenger was seated in the right rear seat. The engine reportedly started normally and the airplane remained on the ground for an undetermined period of time. The flight then departed, remained in the traffic pattern and a full stop landing was performed by the current owner with the previous owner assisting with the throttle, propeller, and landing gear controls. The airplane was taxied to takeoff and during a left crosswind turn at 300-400 feet above ground level, the engine "hesitated" then quit. The previous owner advised "I've got it" and maneuvered the airplane for a landing. During the descent the airplane collided with trees then the ground. According to the owner, the engine had operated continuously for about 1 hour 25 minutes at the time of the accident since engine start. Additionally the owner stated that the fuel selector was not moved from its position after engine start. The passenger who was ejected stated that while awaiting rescue he didn't smell fuel.

Postcrash examination of the airplane at the accident site by an FAA inspector revealed that the fuel selector was positioned to the right tank. There was no evidence of fuel leakage beneath the right wing which was later determined to be impact damaged. The left wing fuel tanks were found to contain about 12-15 gallons of fuel. Examination of the fuel lines in the engine compartment and engine-driven fuel pump revealed only 1 or 2 drops in each respective component. Examination of the engine revealed no evidence of preimpact failure or malfunction. The fuel vent system was examined and found to be unobstructed.

The rear seat passenger stated that before impact he released his seatbelt because he thought the front seat occupants had done the same. The rear seat passenger was ejected on impact.