LAX96FA344

The pilot received a contract from a resort hotel to provide 13 fare-paying passengers with a balloon ride. Hotel management did not perform a background competency check prior to utilizing the pilot's services. The pilot selected the departure site and did not launch pibals to determine the speed and direction of the winds aloft. The flight commenced from a location about 6 nm north-northeast of the FAA controlled Deer Valley Airport, and the airport's wind was from the northeast. After takeoff, the balloon drifted into the airport's Class D airspace and traffic pattern. The pilot had no communication with the control tower. As the balloon drifted through the airspace, the pilot commenced descending at a high rate and impacted hard in an open field about 1 mile west of the airport. The balloon bounced several times and the pilot failed to turn off the pilot lights or rip open the envelope's deflation panel. The 8-knot surface wind blew the balloon into a cement block wall resulting in the pilot's ejection from the basket. With increased buoyancy, the balloon became airborne. None of the passengers were pilots, and the envelope's skirt ignited when they attempted to control the burners. The balloon impacted the ground two more times, and during each impact groups of passengers exited the basket. The balloon eventually drifted over power lines, an interstate highway, past a gasoline service station, and through the final approach course to active runway 07 until finally coming to rest about 2 miles southwest of the airport. Evidence of cocaine was found in the pilot's blood and its metabolite was found in his urine. The pilot had a previous accident, incident, and FAA enforcement history. As with his previous accident, the pilot failed to submit the required accident report.

History of flight

On September 27, 1996, at 0807 hours mountain standard time, a Thunder & Colt Ltd. Airborne America, Colt 240A, N434TC, made a hard landing near the Deer Valley Municipal Airport, Phoenix, Arizona. Visual meteorological conditions prevailed, and no flight plan was filed for the 14 CFR Part 91 aerial sightseeing passenger flight. Upon departure the basket (gondola) contained 1 commercial pilot and 13 fare-paying passengers. Following the first hard touchdown in the accident sequence, the pilot fell out of the basket and was seriously injured. By the time the balloon came to rest, about three additional hard touchdowns had ensued. The balloon sustained minor impact and fire damage. One passenger was seriously injured, and 12 passengers sustained minor injuries. The flight originated at 0630 from a launch site about 6.4 nautical miles north-northeast (026 degrees magnetic) of the Deer Valley Airport (DVT).

The launch site's global positioning satellite (GPS) coordinates are about 33 degrees 46.3 minutes north latitude, by 112 degrees 00.1 minute west longitude. The site's estimated elevation is 1,800 feet mean sea level (msl).

The National Transportation Safety Board interviewed Federal Aviation Administration (FAA) air traffic personnel in DVT's control tower. According to the personnel, they first observed the balloon in their Class D airspace when it was within 1.5 miles northeast of the airport between 1,000 and 1,500 feet above ground level. (DVT's elevation is 1,476 feet msl. The recommended single engine traffic pattern altitude is 2,501 feet msl, or 1,025 feet above ground level.) The personnel indicated that the balloon descended from its location in the traffic pattern and appeared to touch down within 0.25 to 0.5 mile northwest of the airport. Thereafter, the balloon drifted in a southwesterly direction near ground level and appeared to touch down several additional times. Finally, the balloon drifted across the final approach course for active runway 07, and came to rest within 2 miles southwest of the airport.

Ground based witnesses and balloon passengers provided statements regarding the accident flight, summarized as follows: When the pilot attempted to land in the open dirt field west of DVT, the basket impacted the hard ground and eventually collided with a 6-foot-high cement block wall located adjacent to an automobile storage (junk) yard. None reported the pilot had begun envelope deflation during the landing sequence, or that he had turned off the burners' pilot lights. The pilot was ejected from the basket following impact with the block wall. Thereafter, the balloon's flight continued with the passengers at the controls. None of the passengers were balloon pilots. It was further reported that the balloon drifted over power lines and past a gasoline service station, and it eventually came to rest in a brush covered field where a small ground fire started.

Several passengers provided written statements while others made verbal reports regarding specific aspects of the flight. The passengers generally reported that the balloon had descended at a rapid rate, and one passenger opined that the balloon descended "very rapidly." The touchdown was described as being either "hard" or "very hard."

One passenger reported that as the balloon neared the ground the pilot "began firing the burners continuously in an attempt to arrest [the] rapid descent. At the last second, he told us to brace ourselves because we were going to hit hard. The force of the landing threw all of us in [sic] the bottom of the basket." The basket then dragged along the ground while the pilot continued firing the burners. The balloon lifted off the ground and drifted toward a concrete wall. The balloon hit the wall and the pilot fell out of the basket.

The passengers further reported that with the increased buoyancy, the balloon gained altitude and continued drifting. When it next descended near a trailer park, one passenger jumped out of the basket from about 30 feet above ground level, and the balloon continued drifting.

When the balloon next contacted the ground seven passengers jumped out, the balloon gained altitude, and it drifted across Interstate Highway 17. Several passengers attempted to control the burners, and the balloon's skirt ignited. The balloon drifted past a gasoline service station and over power lines, and it finally landed in a brush covered field where the remaining five passengers exited. The touchdowns which occurred after the pilot had been ejected from the basket were considerably less hard than the initial impact with the pilot handling the controls.

Personnel information

According to the FAA, the pilot was issued a Student Pilot Certificate in August 1981. The following month he was issued a Private Pilot Certificate, and in October, 1981, he was issued a Commercial Pilot Certificate with the following ratings and limitations: Lighter Than Air Free Balloon, Limited to Hot Air. On the FAA Airman Certificate application form the pilot made the following statement: "I certify I have no known medical defects that would affect my ability to pilot a free balloon." No FAA medical examination was required of the applicant pilot.

On September 27, 1996, at 2200 mountain standard time, the pilot was verbally requested to complete the required accident report. On October 17, 1996, the pilot, through his attorney, was requested in writing to complete the form. As of September 1, 1997, the Safety Board has not received the form. Based upon a review of entries made in the pilot's flight record logbook number 4, the pilot had a total of approximately 3,200 hours of flight time which included about 130 hours in the accident balloon.

Flight Experience.

The Safety Board was not able to determine the pilot's actual balloon flying experience, currency, or total experience in the accident balloon. The pilot's flight hours listed in this report are Safety Board estimates based upon available records. In the pilot's logbook, the most recent balloon flight was dated March 27, 1996.

A review of the Safety Board's files revealed that on January 30, 1993, the pilot experienced an accident while transporting seven passengers in another Thunder & Colt balloon. The pilot never reported the accident to the Safety Board. During that accident investigation, several attempts were undertaken to obtain the required accident form from the pilot. The pilot never responded. The Safety Board determined that the probable cause of the accident was "the pilot's failure to adequately evaluate the weather conditions and subsequent uncontrolled touchdown resulting in a hard landing." (See NTSB report number LAX93LA296 for additional details.)

History of Additional Recent Mishaps.

The FAA reported that during the past 4 years the pilot has been involved in the following five additional mishaps:

(1) A witness complained that in February 1993, the pilot flew low over a private residence. A nearby horse became spooked. Its rider was thrown and was seriously injured;

(2) In November 1994, the pilot was observed flying at low altitudes over occupied dwellings, and the FAA suspended his certificate on an emergency basis;

(3) In March 1996, the pilot entered the Class D airspace around the Chandler Airport, Arizona, without having received an air traffic clearance, and then allowed an individual to parachute off the balloon's basket. The FAA stated this action was careless and reckless and again initiated certificate suspension action;

(4) In February 1995, the pilot was again observed flying at low altitudes over a residential area, and the public filed complaints; and

(5) In July 1996, a couple of fair paying passengers experienced a hard landing and the balloon crashed into a tree. They subsequently filed a complaint with the FAA against the