Editor’s note: Mr. Blucher is a commercial balloonist, event
announcer, and active member of the Ballooning Society of Pikes
Peak. He lives in Colorado Springs, Colorado. If you have areas
that you would like to see discussed or have comments regarding
this article contact Stephen Blucher at sblucher@juno.com.
inFAR 91.13(a): “Aircraft operations for the purpose of
air navigation. No person may operate an aircraft in a careless or
reckless manner so as to endanger the life or property of another.”
It saysnothingaboutendangeringyourownlife or property.
The regulationgoesontosay, inparagraph(b),“Aircraft
operationsotherthanforthepurposeofairnavigation....No
personmay operate anaircraft, other than for the purpose of air
navigation, on any part of the surface of an airport used by aircraft
foraircommerce(includingareasusedbythoseaircraftfor
receivingordischargingpersonsorcargo),inacarelessor
reckless manner so as to endanger the life or property of another.”
By definition (FAR 1.1), anyplace “intended for the takeoff
or landing of anaircraft” is an airport. The questionseems to be
themeaningof,FARwise,air commerce. Some believe“com-
merce” means commercial-get-money-for-flying and a group of
balloonists flyingfor fun are not commerce. Others think com-
merce does notmeancommercial.
So,cantherebe recklessandcarelessontheground? If a
pilotlifts off andanother inflateshisor her balloondirectlyin
pilot one’s path with nochance of evasive action, is either pilot
at fault? Yes, accordingtothe Federal Aviation Adminstration.
The pilot on the ground should have been aware of the oncoming
aircraft. The FAArepresentativelikenedittoanairplanejust
lifting off when another taxis onto the runway because the second
pilot didnot look for traffic and is hit.
What about the reverse? An aerostat on the ground is hit and
damaged by one approaching. Nowwho is at fault? Is this a DUH
questionor what? Here 91.13(a) comesintoplaymore vividly.
The approaching pilot is at fault. He/she should have planned the
landing soas nottohit the parked balloon.
Oh, thelower balloon has theright of way? Can someone tell
me where in the FAR’s it states that? I will save you the trouble.
There is nomention of such a rule. Itisone of those thingsthat
wasbornout of necessity duringthe earlyyears of aerostation,
and most pilots live byit. Unfortunately, it is taken too literally
by some pilots whothinkitOK torocket out of a launchsite or
simply change altitude at3 or 400feet a minute nottaking into
considerationthe balloonsabovemightbe climbingonly200
fpm or not at all. There is little chance to make aballoon movefast
enoughwithout overheatingit(andpossibly notthen) tomake
room for the up and comingerrant lower pilot. This situationis
more scrutiny. The FARswhich lend themselves to this
situation start with 91.111. “No person may operate an aircraft so
close toanother aircraft as tocreate a collisionhazard.” Inthe
right-of-wayrules,91.113,itsays“Eachaircraftthatisbeing
overtakenhas the rightof way....” It also says “each pilot of an
overtakingaircraftshallaltercoursetotheright....”Thiswas
obviouslynot writtenfor balloons.
There was an interesting interpretation during one situation.
A balloon pilot who inflated into an airborne balloon was found
byseveralFAApersonneltohaveviolatedtheruleasthe
envelope in hot inflation was moving faster and thereby overtak-
ingthe oncoming aerostat. Fortunately no physical damage was
done and there was no intervention bythe FAA.
So who is careless and reckless and who has failed to yield?
The best rule for every pilot to be aware of balloons around them.
Look back before hot inflating, think about ascent speed and plan
approaches.You could be liable for damages and open toFAA
action.
Careless or recklessoperation.
(a) Aircraftoperationsfor the purpose of air naviga-
tion. No person mayoperate an aircraftina careless or
recklessmanner so as toendanger thelife or property
of another.
(b) Aircraft operations other than for the purpose of
air navigation. Nopersonmay operate an aircraft, other
thanfor the purpose of air navigation, on any part of the
surface of an airport usedbyaircraft for air commerce
(includingareas used bythose aircraft for receivingor
dischargingpersons or cargo), ina carelessor reckless
manner soastoendanger the life or propertyof another.
