The defendant argued, for the most part, that the FARs for minimum safe altitudes were written for fixed wing aircraft and must be applied differently for balloons. The judge agreed with those arguments and set aside the three charges brought against the pilot. The judge did, however, issue a 40 day suspension of the pilot's certificate for having landed in the city. Both the FAA and the pilot have appealed to the National Transportation Safety Board.
Two important issues come to light in this case. First, the FARs were written for fixed wing/powered flight. It is important to take into consideration the characteristics of balloons flight when assessing whether a balloon operation is being conducted in a safe manner. The FAA issues regulations that are designed to protect the public. This case is an excellent opportunity for the balloon community to sit down with the FAA and address the very issue of how to apply aviation regulations to ballooning.
Several years ago the FAA issued an advance copy of a proposed Advisory Circular regarding balloon flight. It was flawed in many ways and never formally issued. Balloonists should take this opportunity to become a partner with the FAA and develop responsible guidelines so that both pilots and FAA Inspectors have a common guide to evaluate balloon operations.
Second, community relations are more important than relations with the FAA. If we as balloonists cannot act in a responsible manner then communities have, and will, enact legislation that is far more restrictive. Those regulations could eliminate ballooning.
Escondido used a local law against aircraft landing in the city limits without the police chief's permission to make their complaint to the FAA. It is important for balloonists to work with the communities in which they fly to establish communications that allow balloon flight. Minimum Safe Altitudes Rewritten? begins on page 16.
Changing Face of Balloon Events
This month our Special Report examines the changing face of balloon events. Balloon Life spoke with many different organizers around the country. We also solicited input from balloonists as to how they viewed balloon events.
Two changes not reflected in the report are the increasing use of
balloon glows and special shape balloons to draw crowds. One organizer
told Balloon Life that it takes more then just ordinary balloons and early
morning flights to attract spectators. Combined with sponsor rides the
implication is that attending a balloon rally is becoming more of a job
than a weekend vacation.
Our report begins on page 26.
