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“Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes:
(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface.
(b) Over congested areas. Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft.
7-9
Figure 7-7. Contour flying.
(c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.”
14 CFR part 91, section 91.119(a) requires a pilot to fly at an altitude that allows for a power unit failure and/or an emergency landing without undo hazards to persons or property. All aircraft should be operated so as to be safe, even in worst-case conditions. Every good pilot is always thinking “what if...,” and should operate accordingly. This portion of the regulation can be applied in the following way. When climbing over an obstacle, a pilot can make the balloon just clear the obstacle, fly over it with room to spare, or give the obstacle sufficient clearance to account for a problem or miscalculation. An obstacle can be overflown while climbing, descending, or in level flight. Descending over an obstacle gives the greatest opportunity to misjudge clearance over an obstacle. In level flight, the danger is reduced. Hazards are minimized by climbing. Most instructors teach minimizing the hazard by climbing when approaching an obstacle, thus giving room to coast over the obstacle in case of a burner malfunction.
14 CFR part 91, section 91.119(b) concerns flying over congested areas, such as settlements, towns, cities, and gatherings of people. There is no standard definition of “congested area” or “open air assembly of persons” but case law has indicated that a subdivision or homes, constitute a congested area, as does a small rural town.
A balloon pilot must stay 1,000 feet above the highest obstacle within a 2,000-foot radius of the balloon. This is a straightforward regulation and easy to understand. Note that the highest obstacle is probably an antenna, tower, or some other tall object, not the rooftops. Two thousand feet is almost one-half mile. This portion of the regulation is often forgotten or ignored. [Figure 7-8]
A conscientious pilot includes livestock of any form—dairy cows, horses, poultry—in the 1,000-feet above rule. Domestic animals, while not specifically mentioned in the regulations, are considered to be property; and experienced pilots know that almost all poultry, exotic birds, swine, horses, and cows may be spooked by the overflight of a balloon. Livestock in large fields seem to be less bothered by balloons; however, it is always a good idea to stay at least 1,000 feet away from domestic animals. This is discussed in detail on page 7-16.
7-10
Figure 7-9 Minimum safe altitude over a sparsely populated area.
Antenna Tower
1,000'1,000'2,000'
Figure 7-8 Minimum safe altitudes over a congested area.
500 feet
500 feet500 feet500 feet500 feet
In those cases, the balloon may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. This is an easy to understand regulation that requires compliance from all pilots. Contour Flying Techniques
Aside from the legal aspects, contour flying is probably the most difficult flying to perform. The balloon pilot must see all obstacles on or near the balloon path, remember their location, and maintain situational and spatial awareness. Terrain or obstacle height must be estimated and allowed for, and the pilot must always be prepared for an unexpected situation. A relationship must be established between the balloon altitude and the terrain or obstacle height. All these mental calculations must occur in a few seconds, in a continuous cycle, as the pilot executes a complicated flight profile.
The balloon practical test standards (PTS) asks the applicant to demonstrate contour flying by using all flight controls properly to maintain the desired altitude based on the appropriate clearance over terrain and obstacles, consistent with safety. The pilot must consider the effects of wind gusts, wind shear, thermal activity and orographic conditions, and allow adequate clearance for livestock and other animals.
Since most contour flying is done in unpopulated areas, the balloon is rarely higher than 300 feet AGL and frequently much lower; therefore, the balloon’s flight instruments are seldom observed. Because mechanical instruments have several seconds lag and electronic instruments are very sensitive, pilots must rely on their observation and judgment.
14 CFR part 91, section 91.119(c) refers to two area types: sparsely populated and unpopulated. Here, the pilot must stay at least 500 feet away from persons, vehicles, vessels, and structures. “Away from” is the key to understanding this rule. The regulation specifies how high above the ground the pilot must be and also states the pilot may never operate closer than 500 feet. There exists a possibility for misunderstanding in interpreting the difference between congested and other than congested, as neither of these terms are defined by the FAA regulations. As an example, operating below 1,000 feet AGL within 2,000 feet of a congested area is in violation of 14 CFR part 91, section 91.119(b), even though the bordering area may be used only for agricultural purposes. Therefore, when flying over unpopulated land near a housing tract, the balloon must fly either above 1,000 feet AGL or be 2,000 feet away from the houses.
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Balloon Flying Handbook(89)
