The Law Blog of Oklahoma

Hot Air Balloon Crash: Is Industry Self-Regulation Enough?

Tuesday, May 13, 2014

The inaugural Mid-Atlantic Balloon Festival in Doswell, Virginia, kicked off with 13 hot air balloons taking to the air. The event was expected to draw some 20,000 people, but it was cancelled Friday night after one of the balloons in the inaugural launch crashed into power lines on descent, killing the pilot and two passengers.

The father of the pilot told CNN that his son, 66-year-old Daniel Kirk, was a veteran pilot, having safely flown hot air balloons for more than 30 years. Donald Kirk said of his son, "He was a very good pilot. Something happened, I just don't know what happened."

Witnesses say that three balloons, including the one piloted by Kirk, were attempting to land near each other. Two balloons made it, but the third, carrying Kirk, University of Richmond Associate Head Basketball Coach Ginny Doyle, and Director of Basketball Operations Natalie Lewis, crashed into power lines, immediately starting a fire.

Investigators say it appears that Kirk did everything in his power to keep the situation under control and land the balloon safely despite the fire. However, and explosion soon separated the gondola, or basket, from the balloon.

The bodies of two of the balloon crash victims were found on Saturday; the third was discovered approximately 100 yards away from one of the other victims on Sunday.

What went wrong? The Federal Aviation Administration (FAA) and the National Transportation Safety Board (NTSB) are investigating to find answers, but by all accounts thus far, the pilot was a skilled and safe balloon pilot, the weather conditions were fair, and the balloon was in good working condition.

A spokesman for Meadow Event Park, host of the festival, said that all balloons were inspected and cleared by FAA agents prior to launch. An FAA spokesperson would not confirm that FAA inspectors were present, but indicated that their presence at the site would not be unusual, and that they routinely visit such events.

Investigators also say that it does not appear that weather conditions played a role, even though weather is typically a significant contributor to aviation accidents. The balloons were initially to launch at 6:30 Friday morning, but because of fog, the kick-off launch was postponed until the evening when conditions were better.

The NTSB says that it has long urged the FAA to more closely regulate balloon flight, indicating that 114 people have been killed in 67 hot air balloon crashes since 1964. That is an average of nearly 3 deaths per year from such accidents. An L.A. Times article addresses the NTSB's concerns:

"Last month, the NTSB expressed concern about 'the number of recurring accidents' involving similar safety issues. The board recommended that the Federal Aviation Administration treat hot-air balloons carrying paying passengers the same as helicopters and planes by subjecting tour operators to more regulation."

Although the United States has been spared a major hot air balloon disaster, other countries have not been so lucky. Last year, a hot air balloon carrying 21 people crashed in Egypt, killing 19 of those aboard. With the popularity of hot air ballooning and the increasing capacity of these aircraft, oversight of the balloon industry seems increasingly important.

The Balloon Federation of America disagrees, saying that industry self-regulation is sufficient and keeps from overburdening the FAA. The trade association says that human error was the cause of the accidents with which the NTSB is concerned. Still, says the NTSB, increased federal regulation of hot air ballooning could save lives and prevent a disaster of a much greater scale.

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