Austin American-Statesman

U.S. House passes balloon pilot bill

Pilot medical checks would be required to avoid such disasters as the Lockhart crash that killed 16.

- By Asher Price asherprice@statesman.com

Aiming to prevent tragedies similar to the fatal hot air balloon crash that killed 16 people near Lockhart in 2016, an Austin lawmaker won U.S. House passage of legislatio­n Friday that would require medical checks for commercial hot air balloon pilots.

In October, the National Transporta­tion Safety Board had found that the Federal Aviation Administra­tion’s exemption for balloon operators to obtain a medical certificat­e contribute­d to the Caldwell County crash. The wide-ranging FAA bill that passed Friday includes an amendment by U.S. Rep. Lloyd Doggett, D-Austin, that ends the exemption.

“The FAA should have corrected this long ago,” Doggett said this week as he introduced his amendment. “Now with adoption of this amendment, I am hopeful that no other family will ever suffer the same horror as this tragedy near Lockhart.”

U.S. Rep. Will Hurd, R-Helotes, was a co-sponsor of the amendment.

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 attention deficit hyperactiv­ity disorder 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. After the federal safety board in October recommende­d that the FAA require medical checks for commercial balloon pilots — as it does for helicopter and airplane pilots — both Doggett and U.S. Sen. Ted Cruz, R-Texas, issued statements in support of the 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 such certificat­es for balloon pilots.

But the FAA, which said in October it would “carefully consider” its sister agency’s recommenda­tion, had sent signals that it planned to resist calls for greater balloon pilot oversight.

In October, for example, the agency, which for years has rejected the safety board’s calls for stricter balloon oversight, issued a news 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.”

In October, National Transporta­tion Safety Board Chairman Robert Sumwalt called it sad that the FAA was putting safety oversight in the hands of an industry group and not enforcing the same rule for balloon pilots that it does for helicopter and airplane pilots.

“I’m disappoint­ed the FAA appears to be shirking its responsibi­lity,” Sumwalt said.

Focus on pilot

A 2016 American-Statesman investigat­ion found that nearly 70 percent of fatal balloon crashes since 1964 involved some form of pilot error. The analysis of every fatal hot air balloon crash investigat­ed by the transporta­tion safety board also found numerous safety issues, including improperly modified equipment, lack of helmets for passengers and inadequate safety briefings. Balloon deaths had been decreasing over the previous two decades before the Lockhart crash, according to the data.

In the crash’s aftermath, attention focused on Nichols’ lengthy criminal record, which included at least four drunken driving charges and two prison stints in Missouri related to drunken driving and drug distributi­on conviction­s. Nichols moved to Central Texas after he was released from prison in 2012.

Missouri authoritie­s had stripped Nichols of his driver’s license, but he never lost his balloon operator’s license.

He told friends he was sober, though sources interviewe­d by FAA investigat­ors gave differing answers on the length of his sobriety. (A former girlfriend told the Statesman that Nichols was a recovering alcoholic who had been sober for at least four years.) He flew paying customers in Texas, but wasn’t eligible for a Texas driver’s license because of his Missouri revocation.

Shortly after Nichols arrived, local balloon operators caught wind of his criminal history and reported their concerns to the FAA around December 2012.

But in a move that aviation attorneys and experts told the Statesman was highly unusual, FAA investigat­ors took no action. Instead of suspending or revoking his pilot’s license, they sent Nichols a warning letter.

Despite the troubling revelation­s, the FAA didn’t keep Nichols on its radar. The agency studiously monitors the health of airplane and helicopter pilots, requiring medical checks every six months for most commercial pilots, and maintains a lengthy list of prohibited medicines, ranging from Xanax to allergy medicine.

‘Ecstatic’ about bill

The legislatio­n approved Friday now moves to the U.S. Senate.

FAA spokesman Lynn Lunsford said the agency doesn’t comment on proposed legislatio­n. He said the FAA is “still considerin­g the NTSB’s recommenda­tions.”

Doggett on Thursday said, “Only legislativ­e action by us will address this problem.”

Patricia Morgan, who lost her daughter and granddaugh­ter in the crash, which they had booked as a Mother’s Day gift, told the Statesman on Friday she was “ecstatic” about the House action.

“It’s important that no other families have to endure the heartache and pain that we’ve had to endure,” said Morgan, who moved to San Antonio from Colorado in the disaster’s aftermath to care for her great-granddaugh­ter, a toddler, and her granddaugh­ter, a high school senior. “I know nothing would change (otherwise): The FAA was pretty diligent about ignoring (the NTSB’s) recommenda­tions. Doggett and Cruz have been pretty supportive mandating changes with the FAA. Had this not happened I believe nothing would have occurred.”

 ?? TAMIR KALIFA / AMERICANST­ATESMAN ?? Authoritie­s investigat­e debris from the hot air balloon crash that killed 16 people on July 30, 2016, near Lockhart. The pilot had several drugs in his system.
TAMIR KALIFA / AMERICANST­ATESMAN Authoritie­s investigat­e debris from the hot air balloon crash that killed 16 people on July 30, 2016, near Lockhart. The pilot had several drugs in his system.
 ?? RODOLFO GONZALEZ / AMERICAN-STATESMAN ?? Authoritie­s investigat­e the scene of a hot air balloon crash that killed 16 people near Lockhart on July 30, 2016. A cocktail of prescripti­on drugs contribute­d to the pilot’s poor decision-making, a board found.
RODOLFO GONZALEZ / AMERICAN-STATESMAN Authoritie­s investigat­e the scene of a hot air balloon crash that killed 16 people near Lockhart on July 30, 2016. A cocktail of prescripti­on drugs contribute­d to the pilot’s poor decision-making, a board found.

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