Board: FAA contributed to crash
Safety board urges agency to order medical checks for balloon pilots like the one in Lockhart tragedy.
At its final hearing into the incident, the National Transportation Safety Board concluded Tuesday that the Federal Aviation Administration’s lack of oversight of commercial balloon pilots contributed to the deadly Lockhart balloon crash that killed the pilot and all 15 paying passengers in July 2016.
The safety board recommended that the FAA require medical checks for commercial balloon pilots — as it does for helicopter and airplane pilots — but state and federal officials are dubious the agency would embrace the recommendation and predicted Congress would have to act to force the FAA’s hand.
The safety board concluded that a cocktail of prescription drugs, including oxycodone, Valium and enough Benadryl to approximate the effects of drunken driving, contributed to pilot Alfred “Skip” Nichols’ pattern of poor decision-making. Safety board officials said Nichols’ depression and ADHD also might have played a role.
Since the crash, the issue of
medical certificates, which are designed to ensure pilots are physically fit to fly, has united lawmakers across the political spectrum. On Tuesday, both U.S. Rep. Lloyd Doggett, an Austin Democrat, and U.S. Sen. Ted Cruz, a Texas Republican, issued statements in support of the safety board’s recommendation.
Medical checks are designed to uncover the use of prohibited medications, potentially impairing medical conditions and any history of driving while intoxicated. Nichols had a lengthy criminal history involving drunken driving and drug convictions that he never disclosed to the FAA.
Countries such as England, Canada and Australia require the certificates for their balloon pilots.
But the FAA, which said Tuesday it would “carefully consider” its sister agency’s recommendation, has sent signals that it plans to resist calls for greater balloon pilot oversight.
On Friday, the agency, which for years has rejected the safety board’s calls for better balloon oversight, issued a press release praising an industry-led, voluntary safety program developed by the Balloon Federation of America as something that will “enhance safety and professionalism, and allow consumers to be better informed before they choose a commercial balloon ride operator.”
The federation’s plan would require pilots to obtain the medical certificate, pass drug and alcohol tests and attend safety seminars.
But National Transportation Safety Board Chairman Robert Sumwalt argued Tuesday that the voluntary safety program would not have reached pilots like Nichols, who was not a member of the federation and would have been out of reach of its requirements.
Sumwalt called it “sad” that the FAA was putting safety oversight in the hands of an industry group and not providing the same amount of regulation for balloon pilots that it does for helicopter and airplane pilots.
“I’m disappointed the FAA appears to be shirking its responsibility,” Sumwalt said.
In another sign that the FAA might not embrace the safety board’s recommendation, the aviation agency’s recently appointed deputy administrator previously served on the Trump administration’s “deregulation team,” tasked with reducing the number of federal government regulations.
Cruz and Doggett have proposed measures that would require the medical checks as part of legislation reauthorizing the FAA’s operations. “FAA’s rejection of NTSB recommendations would condemn more unsuspecting families to death,” Doggett said in a statement Tuesday.
“While we can never bring their loved ones back, we can push for standards of accountability and safety so that an accident like this one does not happen again,” Cruz said in a statement.
State Rep. John Cyrier, a Republican representing Lockhart, said Tuesday “there’s no question” in his mind that it will require an act of Congress to enact the safety board’s recommendations. “It’s going to take citizens and everyone involved to ask their congressmen to make this happen,” he said. “Today’s hearing was a great step toward that.”
FAA officials have been unable to articulate why their rules exempt hot-air balloon pilots from their medical certificate requirements. The exemption stems from the 1930s.
The FAA also came under fire Tuesday for failing to pursue enforcement action against Nichols when the agency learned three years before the crash that he had concealed his criminal history from officials. Safety board officials and aviation attorneys have said such concealment would typically result in revocation of a license.
“This pilot should never have been flying, never mind carrying paying passengers,” Sumwalt said.
The investigation found Nichols made a series of bad decisions on July 30, 2016, beginning with his decision to fly despite a forecast of low clouds and fog that persuaded many other local balloonists to cancel flights. Safety board investigators also found that Nichols had chances to land the balloon before conditions grew worse, but instead chose to fly the nine-story-tall balloon above the clouds, preventing him from seeing hazards closer to the ground.
As he attempted to land, Nichols flew into high-voltage power lines that severed the basket from the balloon envelope, killing everyone on board.