Hot air wings and things
The Balloon Federation of America (BFA) and the FAA teamed up to provide the opportunity for balloonists across the United States to participate in a balloon safety seminar. A balloon safety seminar which was held at the Sun’n Fun complex in Lakeland, Florida was broadcast live on the web via streaming video. The BFA charged a registration fee of $20 to have one’s attendance logged in. Online participants who wanted to have the seminar count for the IMC insurance discount were also required to take an online test , administered by the BFA, following the seminar. Speakers were excellent.The first speaker was Bill Whidden, speaking on the subject of Accident Prevention. Some of his best information was new and interesting, although possibly not related to accident prevention. On the subject of flight over animals, he noted that dairy farmers will say that their cows quit milking for from 1-7 days when balloons fly low over them. He said this is generally not true, but some farmers will claim it is and look for payment. He had a somewhat surprising comment on the subject of Trespass. He said that in many states a landowner is better served if you do not ask for his or her written permission to use their property. Many states have laws which release the landowner from liability from injury or other claims if the injury is the result of a trespass. If you have a signed form from them and one of your crew is injured, they can be sued whereas they couldn’t if it was a “trespass.”
Some interesting facts: The optimum propane pressure for balloons is 125-150 psi. From accident data: 85% of balloon accidents are attributed to pilot error. Hitting powerlines accounts for only 28% of all balloon accidents but 44% of fatal accidents. Numbers of registered hot air balloons started at six in 1964, and peaked in 1995. The numbers of registered balloons have dropped dramatically from 2005-2008. Rick Schimpf spoke on the subject of Crew and Emergency Training. He said that the crew chief should be able to shut the balloon down during inflations. He said the fan is the most dangerous crew position/object during the inflation, noting that at rallies, spectators can get close with scarves, dangling coat cords, etc. One possible problematic item: It is no longer allowed by law in some states to store fuel in a plastic container in an enclosed trailer. One thing to teach your chase drivers: Don’t park the chase vehicle in the middle of the field where it could block balloons from landing or get hit by them. He said that anyone around the balloon should dress for the occasion: No nylon or spandex, which could melt onto your skin if hit by flame. One bad example: he has seen women coming out to fly in a balloon in high heels. A rhetorical question: Why is the first thing they do at a rally is give you a nylon jacket?
Jim Lynch, a 30-year airline pilot with 20 years in balloons, spoke on the subject of FARs. He said that rules now require that when flying you are required to have your pilot certificate and an official photo ID with you. FAR Part 91.13: Careless and reckless is a catchall reg which can be used by FAA for a violation when nothing else specific fits. And “Reckless manner” is as interpreted by the FAA. FCC 22.925 prohibits airborne operation of cellphones. Cellphones must not be operated when aircraft are airborne.
On a subject of FAR 91.119 (Minimum Safe Altitudes) he noted that nothing of any value has come out of the FAA recently. There was no lunch hour break. Instead, it was a balloon insurer IMC film: “A Brief Understanding of the Misunderstood” with IMC’s Beth Miller. Beth said that IMC was started 28 years ago by Tom Reusse. He started flying balloons in the 1970s. He created a hot air balloon insurance policy when all he could get to cover his balloon was a hot air balloon rider on a standard fixed wing aircraft policy. Beth Miller stressed that when every pilot gets their insurance policy, they should be sure to read the “Deck Sheet” and Exclusions. She noted that the insurance policy must be held by the owner of the balloon. She warned that all attached forms should be read, noting that if there is a form attached to the policy, it can and will be used. She said that for Sport and Pleasure, which is IMC’s focus, other pilots do not need to be listed to be covered.
On the subject of Liability Coverage, the costs of defending claims do not come out of the Liability Coverage amount. Available coverage is almost always $100,000 per passenger plus $5000 medical coverage. She noted that “Bad claims are coming from passengers. They are the major cost factors for claims.” On the subject of Life Insurance/Accidental Death and Dismemberment, she said that IMC offers everyday coverage that includes hot air balloons. Included is medical expenses coverage of $100,000. She said it is open to crew, and recommended it, saying it “costs less than a latte per month.” IMC is very strong on the subject of Passenger waivers and releases. Beth Miller said IMC wants everyone to sign waivers/releases, even casual crew and rally passengers. On the subject of the need for the signing to be “Free of duress” that signing in the field is better than nothing. Some people including lawyers claim that releases may not hold up in court of law, but IMC says they are holding up before going into a court of law. Beth noted one case where a lawyer who represented a woman passenger who had received a minor injury in a balloon accident but was suing dropped the case when IMC’s lawyer presented him with the signed release form. She also stressed the need for a passenger preflight briefing. IMC’s focus is on Sport and Pleasure and Limited Commercial. Miller said there have not been too many claims in student instruction, but there have been too many claims at events. She said the common denominator for majority of accidents is high wind landings. She raised a serious point about pilots flying in conditions at rallies which they wouldn’t fly in at home, resulting in all too many accidents at events.
The final note was very sobering, considering IMC is the major insurer of hot air ballooning in the United States: Miller said, “We are not making money.” “This sport is fragile.” Don Edwards spoke on the subject of Ride Operators. He sounded a cautionary note and a warning about the need for ride operators to clean up their act before the FAA steps in and subjects them to new regulation. He noted that Australian operators are now operating under very stringent rules. Anyone flying paying passengers in Australia is considered a full time ride operator and must meet all standards. They must use multiple operations manuals and checklists, even if they are a small single balloon operation. Dealing with passengers, Edwards recommended the use of a safety instruction and customer acceptance form and a written legal waiver. He recommended a standard procedure where passengers must declare any medical condition. To assure a passenger’s being in reasonable condition to fly in a balloon, he recommended a standard that passengers must be able to get into and out of the basket UNASSISTED (his emphasis).
He recommended that the U.S. ballooning community should put together a set of standards for commercial ballooning before strict standards resulting from accidents are imposed on them as they have been in Australia, Canada, and the UK. He is personally leading such an effort. One problem, he said, is that there is difficulty in defining exactly what constitutes a “ride operator.” Mark Roberson, who spoke on Weather, noted some extreme problems balloonists are having in Osceola County, Florida. Helicopters have followed balloons and ramp checked them after landing. They are getting pushed farther and farther from Orlando.
The seminar concluded with a Powerline Strike video produced in the Albuquerque area. Some interesting points: Most fatalities occurring from powerline strikes are from falls, not from electrocution or burns. Only 1% of the deaths are by electrocution. Most powerlines are from 25-150 feet in elevation. A fall from over 30 feet can kill. J.D. Huss, a balloon knowledgeable FAA employee at the ABQ FAA FSDO, discussed Accident/Incident criteria for NTSB reporting (Part 830). One interesting recommendation was to always make reports to the NTSB as an “occurrence,” not as an accident. It is easy to upgrade an “occurrence” or incident to an accident, but it is very difficult to downgrade an accident. He did stress that if you have a possible reportable accident occurrence, notify the NTSB immediately. File a written report only if requested by the NTSB. You must report to the NTSB Field Office nearest the occurrence. If you don’t know how to contact the NTSB, contact the nearest FSDO.
By Jim Ellis