Part of the General Operating and Flight Rules of the Federal Aviation Regulations, Part 91 prescribes certain "rules of the road" for aircraft. This entry of the Legal Log examines the requirements of these "rules of the road" that may apply to balloon flights.
There are three sections of Part 91 that govern the "right-of-way" between all aircraft over land, and between aircraft and water vessels over water. Keep in mind, however, that ¤ 91.903, et seq., permits these rules to be waived by the FAA upon prior application.
Operating Near Other Aircraft
As a general rule, ¤ 91.111 provides that "no person may operate an aircraft so close to another aircraft as to create a collision hazard." While the practical effect of a collision between two balloons is minimal, this rule appears to be literally enforced by the FAA, hence, a in-flight "bump" between the envelopes of two hot air balloons in flight is a violation of this rule!
¤ 91.111 also prohibits aircraft formation flying except by arrangement of all the pilots-in- command participating in the formation. Aircraft being operated for hire, including balloons, may not participate in "formation" flying. Once again, even though the practical risks in balloons is slight, this rule applies in full force to all balloon pilots. Thus, group flights of balloons carrying "passengers for hire" launching from a common site and heading in a common direction, should not appear to be in formation in order to avoid a violation of this provision.
General Right-Of-Way Rules
¤ 91.113 sets out the specific right-of-way rules when an aircraft is in flight or operating on water. ¤91.115 provides separately stated rules when operating on the surface of a body of water in order to provide right of-way rules between aircraft and vessels on the surface.
In general, ¤ 91.113 provides that "when weather conditions permit, regardless of whether an operation is conducted under instrument flight rules or visual flight rules, vigilance shall be maintained by each person operating an aircraft so as to see and avoid other aircraft. When a rule of this section gives another aircraft the right-of-way, the pilot shall give way to that aircraft and may not pass over, under, or ahead of it unless well clear." Thus, each aircraft and its pilot has an affirmative duty to yield the right-of-way whenever required under these rules. If a circumstance arises where each of two aircraft has an equally strong duty to yield the right of way, it appears that each aircraft is required to act so as to avoid the other aircraft.
¤91.113 provides specific circumstances under which one aircraft must give the right of way to another aircraft. First, an aircraft in distress has the right-of-way over all other aircraft. This rule includes balloons in flight.
The second principle in ¤ 91.113 states that when aircraft are converging, that is, are headed towards the same location in flight: (a) balloons have the right of way over other aircraft, including gliders and airships; (b) gliders have the right of way over airships, airplanes or rotorcraft, but not balloons; (c) airships have the right of way over airplanes and rotorcraft, but not balloons or gliders. Any engine-driven aircraft must yield the right of way to an aircraft that is fueling or towing another aircraft.
Thirdly, when aircraft are approaching head on, each aircraft is directed to alter its course to its right. It is clear from this rule that all approaching aircraft must alter their course in order to reduce the risk of collision. The circumstances where two balloons would be approaching each other head-on so as to attempt apply this rule would require unusual wind conditions; rather as a practical matter, this would involve a balloon and some other type of aircraft.
When one aircraft is overtaking another aircraft, the aircraft being overtaken has the right- of-way, and the overtaking aircraft is to alter its course to its right to pass well clear of the aircraft being overtaken. While this principle could apply in circumstances where one balloon is overtaking another balloon, it more clearly applies to situations where a balloon in flight is being overtaken by another aircraft.
Finally, ¤ 91.113 provides that the right-of-way is vested in aircraft on final approach to land or while landing, over any other aircraft in flight or that are operating on the surface. Further, when two aircraft are in final approach for landing, the one lower in altitude has priority.
Right-Of-Way For Water Operations
¤ 91.115 provides rules determining which aircraft or water vessel has the right-of-way when an aircraft is operating on the water. Thus, these rules could apply in a "splash and dash" type approach by a balloon to the surface of a body of water. In general terms, the aircraft or vessel to the right of the other has the right-of-way as well as in cases where either two aircraft, or an aircraft and a vessel are crossing each other's paths.
When two aircraft, or an aircraft or a vessel approach each other head on, each is required to take action to avoid the other. Further, when overtaking occurs, the aircraft or vessel being overtaken has the right-of way, and the overtaking aircraft or vessel is directed to alter its course to its right so as to pass well clear of the aircraft or vessel being overtaken. Finally, ¤ 91.115 provides that when aircraft, or an aircraft and a vessel, approach in a way that involves a risk of collision, the rule directs that "each aircraft or vessel shall proceed with careful regard to existing circumstances, including the limitations of the respective craft."