ERA20LA094

The pilot's decision to operate the balloon at low altitude near obstructions, structures, and powerlines, which resulted in the balloon contacting powerlines. Contributing to the accident was the Federal Aviation Administration's inadequate oversight of balloon tour operators.

The commercial pilot who owned the hot air balloon tour company departed on a revenue tour flight with eight passengers onboard. The pilot reported that his preflight review of weather conditions indicated light wind at the surface and aloft. After about 50 minutes of flight, the pilot was approaching a field for landing when, while crossing overhead a set of power lines, the balloon encountered a “downdraft” and entered a “rapid descent.” The basket contacted the power lines, then slid to the ground. The pilot did not have current flight review, and the balloon’s registration had expired. Several passengers provided statements in which they recounted that, throughout the flight, the balloon was flying low enough that they could easily communicate with people on the ground, and that the basket contacted trees twice and a power pole once during the flight. After contacting the trees, the pilot laughed and stated that he was “cleaning the bottom of the basket.” Examination of the balloon’s flightpath indicated that after departure, the balloon tracked downwind at low altitude (below 500 feet) near multiple obstacles, structures, and powerlines for most of the flight, and although the pilot reported that a downdraft occurred, the passengers did not report it, and there was no indication of any thunderstorms, convective activity, or high winds around the time of the accident. The balloon impacted the power lines with the lower part of the envelope and flying wires that held the basket to the canopy. The balloon came to rest with the envelope draped over the power lines and the basket in a small group of trees directly below the lines, 10 to 12 feet above the ground. Electrical arcing occurred and showers of sparks flew on and around the passengers. The accident resulted in serious injury to two of the passengers, and minor injury to four of the passengers. The events of the accident flight displayed a pattern of poor decision-making by the pilot both before and during the flight; including his decision to operate the balloon without a valid registration, his decision to operate the flight without a valid flight review, and his decision to fly the balloon at very low altitudes in proximity to obstructions, structures, and powerlines, which increased the potential of collision. The Federal Aviation Administration had conducted no surveillance of the operator/pilot before the accident. Given the circumstances of this accident, it is likely that with a more robust system of oversight and surveillance of balloon operators, the Federal Aviation Administration could have identified the accident pilot/operator as a potential safety risk and taken steps to mitigate this risk.

HISTORY OF FLIGHT On January 19, 2020, about 0745 eastern standard time, an Airborne America AX9-140 (S.2), N970TC, incurred minor damage when it was involved in an accident in Homestead, Florida. The pilot and four passengers were uninjured, two passengers received minor injuries, and two passengers were seriously injured. The balloon was operated as a Title 14 Code of Federal Regulations Part 91 revenue sightseeing flight. The local sightseeing flight was operated by Sunrise Balloons Miami LLC. Visual meteorological conditions prevailed and no flight plan was filed for the flight, which departed about 0657. The pilot stated that, before the flight, he checked several weather websites and called flight service. He reported that the weather was clear and cool, the surface wind was from 100° at 3 knots, and the winds aloft were in the single digits (6 knots). After about 50 minutes of flight, the pilot began looking for a place to land. As the balloon crossed over a set of powerlines, he “felt a strong downdraft” and the balloon entered a “rapid descent.” The pilot stated that he applied maximum burner heat, the balloon contacted the powerlines, and he then deflated the envelope while shutting off the burner valves. The basket “slid gently to the ground” and came to rest among brush and scrub trees. Several of the passengers provided statements regarding the flight. One passenger reported that, before departure, the pilot stated that his nickname was “Captain Fly Low”; he was also wearing a patch on his shirt with that name. The passengers reported that, during the flight, the balloon was low enough to easily communicate with people on the ground as they flew over, and that the basket contacted trees two different times during the flight, after which the pilot laughed and stated that he was “cleaning the bottom of the basket.” The basket also contacted the top of a power pole. During the landing approach, the pilot started repeatedly yelling an expletive as the balloon continued toward power lines and trees. The pilot then yelled for all the passengers to "get down, get down!" and actuated one of the burners to try and rise above the power lines. The balloon struck the power lines with the lower part of the envelope and flying wires that held the basket to the canopy. The balloon came to rest with the envelope draped over the power lines with the basket in a small group of trees directly below the lines, 10 to 12 feet above the ground. Electrical arcing occurred and showers of sparks flew on and around them. The sparks burned their hair and skin; a portion of the basket, as well as the foliage below the basket, caught fire. One passenger's pants caught fire, and he tried to put the fire out with his hands and then jumped out of the basket. The trees could not hold the basket and the basket slid out of the trees onto the ground. The rest of the occupants then turned the basket on its side and egressed. One of the passengers reported that, after egress, the pilot asked if they were ok, then asked if they still wanted their champagne. Residents in the area that observed the accident called 911 and ran over to assist. The first emergency services personnel arrived at the accident site at 0756. A passenger heard one of the ground crew tell the police that the balloon hit a downdraft; however, none of the passengers reported adverse weather conditions before, during, or after the flight, nor did they hear the pilot or ground crew mention anything about downdrafts. PERSONNEL INFORMATION The pilot held a commercial pilot certificate with a rating for lighter-than-air balloon. His most recent Federal Aviation Administration (FAA) second-class medical certificate was issued on June 1, 2017. He reported 881 total hours of flight experience. His most recent flight review was completed on September 22, 2017. A review of FAA Program Tracking and Reporting Subsystem operator/airman surveillance records for the operator and the pilot revealed that no surveillance activities of either had occurred prior to the accident. AIRCRAFT INFORMATION The balloon envelope and basket were manufactured in 1989. The balloon was powered by two propane burners, was equipped with four pressurized fuel cylinders, and the partitioned basket had a capacity of nine occupants. The date of the balloon's most recent annual inspection and total hours of operation was not provided by the pilot/operator. A review of FAA records indicated that the balloon's registration had expired on July 31, 2019, and its registration number was no longer authorized for use. METEOROLOGICAL INFORMATION The 0756 recorded weather at Homestead Air Reserve Base (HST), Homestead, Florida, located about 8 nautical miles southeast of the accident site, included wind from 110° at 3 knots, visibility 10 statute miles, clear skies, temperature 19°C, dew point 16°C, and altimeter setting of 30.12 inches of mercury. WRECKAGE AND IMPACT INFORMATION Several of the powerlines were severed upon impact. The fabric of the balloon above the bottom rim tape (which displayed damage prior to the flight, according to a passenger) received more damage. The skirt (scoop) was torn and burned in several places. The leather trim which covered the top rail of the basket was torn in several places, the bottom of the basket displayed areas of thermal damage, and the frame of the basket was bent and distorted. ADDITIONAL INFORMATION Balloon Flightpath Examination of the balloon’s flightpath along with passenger-supplied photographs and video indicated that, after departure the balloon tracked downwind to the northwest at low altitude (below 500 feet) near multiple obstacles, structures, and powerlines for much of the flight. Balloon Manufacturer's Guidance According to the balloon manufacturer's flight manual, section 2.9, LANDING PROCEDURE, when choosing a landing site, the pilot should allow for possible variations in the wind at ground level, and choose a site: (a) Free of obstructions, especially power lines; (b) Overshoot area should also be clear; (c) Field free of crops and animals; (d) If possible, look for upwind shelter to reduce speed; (e) If possible, choose a field with good accessibility for retrieve crew, and minimum inconvenience for the owner. The manual also stated: Do not fly into power lines at any cost. If contact is inevitable descend as fast as possible so that the contact of the wires is with the envelope and not with the basket assembly. Shut down the fuel system and vent lines before contact. If the balloon is caught in the wires DO NOT TOUCH ANY METAL PAR'I'S. If possible, remain in the basket until the power is shut off. Never attempt to remove the balloon until the power authority has arrived. Do not allow crew members to make contact between the ground and the basket until the power is shut off. Balloon Flying Handbook The FAA Balloon Flying Handbook (FAA-H-8083-11A), 7-7, "Maneuvering," states, "The balloon is officially a non-steerable aircraft." Although a hot air balloon has no direct controls for steering, a balloon's flightpath can be indirectly influenced using the burner and parachute valve. The handbook also states: Being knowledgeable of the wind at various altitudes, both before launch and during flight, is the key factor for maneuvering. Maneuvering, or steering, comes indirectly from varying one's time at different altitudes and different wind directions. The FAA Balloon Flying Handbook further stated that, when contour flying or during an approach to a landing site, the potential of collision with trees, power lines, and other obstacles is increased. For balloons, landing accidents consistently account for over 90 percent of the total number of accidents in any given year. The most common causal factors for landing accidents include collision with obstructions in the intended landing area. These