shortstripper,
You didn't run out of fuel, so no fuel exhaustion
Seems like you had a mechanical problem which you probably should not have known about, and I think your defence deserves significant consideration. Glad you are OK.
I knew on the way down the pub this would be picked up, I should have explained myself better. Running out of fuel because the tank has a hole in it isn't 100% pilot negligence, the primary cause is "mechanical". If no mechanical problem exists, then fuel exhaustion is 100% pilot negligence. IMHO, but open for discussion.
Being a pussy nowadays I tend to stop for fuel sooner rather than later, so reducing the chances of a mechanical problem causing me to run out of fuel. This also gives me an opportunity to compare actual fuel burn against estimated, hopefully catching out most mechanical problems. I think this is pretty simple stuff, airmanship even. So if somebody goes on a 400 mile x-country and runs out 20 miles short because the carb has a problem, I would still ask them why they didn't stop at an airport half way. Gives me a chance to stretch my legs, perform physiological functions, and financially support a small airport operator.
I guess my point is that "Running out of fuel will never happen to me" is a dangerous attitude to take when talking about fuel management.
My nasty fuel scare was 100% pilot negligence, but I was a student pilot so the instructor would have taken the blame, and the circumstances probably meant he deserved it, and I could have been dead.
Doesn't stop fancy lawyers getting you off though, as recently demonstrated....
