quote:
I still don't understand how Hot Air Balloon carriers are legitimate businesses if part of their business model is to trespass on private property. How is that legal? Are they licensed by the state?
Regulated by the FAA, but subject to local laws regarding take offs and landings.
Most balloon operators assume that they do not have permission to come and go as they please. Many of the places they land, they have prior permission. They try to maneuver the balloon to these landing spots; sometimes they are unable to do so. The chase crew will always attempt to get to the landing site first to obtain permission. Since a balloon cannot hover or stop (unless it is on the ground), they typically land first and ask permission after the fact if the chase crew cannot get there in time. If no one is home, they will fly on if conditions permit. When the winds pick up, the balloon must be deflated immediately upon landing. This leaves no option but to land where they are. If they cannot locate the landowner, they look for neighbors to speak to and leave a note. Landing without permission is something they do not like to do - it is a last resort that is done only if they have no other choice.
FAR 91.3(a) gives the pilot the authority to determine that landing is necessary, and to select the location, insofar as is possible:
"The pilot in command of an aircraft is directly responsible for, and is the final authority as to, the operation of that aircraft."
