N1602R

On October 10, 1997, approximately 0840 mountain daylight time, a Cameron N-90 balloon, N1602R, owned and operated by Realescape, Inc., of Santa Fe, New Mexico, and an Aerostar International, Inc. RX 8 balloon, N71415, owned and operated by La Lorraine Enterprises of Albuquerque, New Mexico, collided while maneuvering near Albuquerque, New Mexico. N1602R was substantially damaged, and the commercial pilot and his passenger were not injured. N71415 was not damaged, and the private pilot and his passenger were not injured. Both flights were being conducted under Title 14 CFR Part 91. Visual meteorological conditions prevailed for the local flights and neither pilot had filed a flight plan.

The two balloons were participating in the Albuquerque International Balloon Fiesta. According to witnesses, N1602R was descending at an altitude of approximately 250 feet to 300 feet agl. One witness stated that N71415 was moving towards N1602R from above and behind. N71415 was clearly descending rapidly and was burning to arrest the decent. Another witness stated the following: N1602R was "descending with the yellow balloon (N71415) to his south. All of the balloons were traveling south. The yellow balloon seemed to be standing still and was above N1602R when suddenly the yellow balloon's basket crashed into the top of N1602R's balloon, cutting the balloon in exactly the shape of the yellow balloon's basket." A witness reported that N71415 "kept descending until the heat that the pilot had been adding, added lift."

The pilot of N1602R reported that he was descending when the "top of my balloon was hit from above by the bottom of the basket of another balloon." He further reported that the collision "tore a large hole in the top of my balloon, which increased my balloon's descent even faster." The pilot of N1602R said that he "immediately burned both burners on the way down to just above the ground and was able to slow the descent rate for a firm landing."

The pilot of N71415 reported that he had been airborne for approximately 30 minutes and was "in level flight." He reported seeing N1602R "approaching below me in a slight NE to SE direction at a slightly quicker ground speed. I maintained altitude while waiting for N1602R to pass below me." He further reported that "N1602R began to ascend and I began to fire both of my burners." The pilot of N71415 stated that "N1602R continued to ascend and I continued to fire my burners until contact was made between N1602R's envelope and my gondola." He said that "N1602R began to descend and I continued to ascend."

Federal Aviation Regulation (FAR 91.113(b)) states that "vigilance shall be maintained by each person operating an aircraft so as to see and avoid other aircraft." Several balloon instructors reported to the IIC that "the balloon community teaches that the lower balloon has the right-of-way (see attachment)." Postaccident examination of photographs taken during the collision sequence reveal that after separating, N71415 rose approximately 275 feet, while N1602R maintained its position relative to the balloons around him.