Incident Overview
A midair collision occurred between two balloons, identified as a Balloon Works balloon and a Balony balloon, during a competition takeoff ascent. The Balloon Works balloon was below the Balony balloon at the time of the collision, which occurred approximately 2,000 feet above ground level.
Pilot Accounts
The pilot of the Balloon Works balloon reported that his envelope collided vertically with the basket of the Balony balloon. The pilot of the Balony balloon stated that he saw the Balloon Works balloon below and attempted to climb using both available burners but was unable to gain altitude quickly enough to avoid the collision. Both pilots indicated that there were no pre-impact mechanical failures or malfunctions with their balloons or burners that would have precluded normal operation.
Witness Observation
A witness to the accident reported that the Balony balloon pilot did not use the balloon's burners until after the collision had occurred.
Postaccident Inspection
A postaccident inspection of the Balony balloon revealed no damage to the balloon or its burner. The Balloon Works balloon sustained substantial damage to its envelope.
Regulatory Guidance
The Federal Aviation Administration's Balloon Flying Handbook (FAA-H-8083-11A) notes an unwritten rule in ballooning that the balloon below has the right of way due to limited upward visibility, but emphasizes that pilots must maintain awareness of other balloons, especially in crowded or rally situations. The handbook also highlights the "See and Avoid" concept under 14 CFR Part 91, which requires continuous vigilance to avoid collisions. Additionally, 14 CFR 91.113(b) mandates that all pilots maintain vigilance to see and avoid other aircraft and yield the right-of-way as required.