The SW-51’s operating manuals are clear that you shouldn’t take off unless the engine is developing takeoff power, that you need to check the gauges to make sure that the engine is operating properly, and that for takeoff power the gauges need to show about 50 inches of manifold pressure.

Canard Aero’s lawsuit against TacAero and Kevin Sutterfield claims that Sutterfield crashed because he attempted takeoff even though the gauges showed that the engine wasn’t producing anything near takeoff power, and that he pulled the aircraft off the runway well below the POH’s lift-off speed of 65 knots. 

Why would Suttefield do such a thing?  Why would he attempt to takeoff when the operating handbook says not to?

Sutterfield’s  answer to Canard Aero’s lawsuit provides a clue.  Sutterfield’s filing (below) states that he lacks “sufficient information or belief” — legalese for he “doesn’t know”—that:

• The 916iS operating manual engine says that readings of less than 49.9 inches of manifold pressure indicate that the engine is not developing takeoff power;

• The FAA’s Airplane Flying Handbook tells you to check the engine gauges before takeoff;

• The aircraft manuals say you shouldn’t attempt to take off if the engine isn’t developing power; or that

• The POH says you should not attempt to lift off until reaching 65 knots.

Of course, not knowing the contents of the aircraft’s manuals is no excuse. Every pilot is legally required to know what is in the aircraft’s manuals.  After all, FAR 91.103 mandates that each pilot in command familiarize himself with “all available information concerning the flight” before launching.

But Sutterfield claims he “lacks information or belief” even of that regulation!

Time for some remedial training?