Carterton balloon crash family say 'political will' needed for change

  • Breaking
  • 23/04/2015

The only thing preventing changes to the adventure aviation industry's safety is "political will", the family of a Carterton balloon crash victim say.

The final report into the disastrous 2012 crash that killed 11 people has been released, and makes 19 recommendations.

Coroner Peter Ryan's extensive report details the proposals which centre around random drug testing in the adventure aviation industry, making pilots' licences and certifications made public and stricter enforcement about renewing licences and certifications.

Mr Ryan believes there would be a number of ways to fund the proposed extra testing and costs of implementing the recommendations.

"Where there is a political will, there is a way," he says.

The report is the latest and the last into the incident, following the previous report releases from the Civil Aviation Authority (CAA) and the Transport Accident Investigation Commission.

Eleven people, including pilot Lance Hopping, died on an early morning hot air balloon flight when the basket collided with power lines near Carterton on January 7, 2012.

The balloon and basket were engulfed in a ball of flames. Two of the passengers, Johannes Jordaan and Alexis Still, jumped about 20 metres from the burning basket to the paddock below, but did not survive the fall.

Ms Still's father, Allan Still, called the report thorough and "well thought out" and agrees with the recommendations, especially around random drug testing.

He didn't blame anyone specifically for the deaths, but believes there must be lessons learned from it.

"I don't point the finger at anyone, really. I think that's what happened and we have to ensure that it doesn't happen again," he says.

"If we can encourage the politicians to get on board and actually take cognisance of the recommendations and enact those into legislation I think we can then rest and say 'well, we've done our bit as far as for those people who have lost their lives'".

To see the changes made would mean his daughter's life wasn't ended in vain, he says.

Transport Minister Simon Bridges says there has been some major changes in the sector since the accident with more likely to come, especially around drug testing.

He says there is a will to make the industry safer, including random drug testing which would make things better for the public and safeguard the sector's reputation.

"Clearly we had a situation here where to compound the tragedy, what we see is a tragedy that was entirely preventable and that was through pilot error," he said.

"We do have to look at whether we have to dot the I's and cross the T's to make sure there is absolutely no wriggle room, there is no tolerance for drugs in commercial transport."

Mr Bridges supports the recommendation information about pilots' licences be made public.

The flight and crash were captured on camera by professional photographer Geoff Walker.

Mr Walker went to court to stop the publication of four graphic photographs of the moment the balloon caught fire, but ultimately gave up his appeals aimed at protecting copyright.

The families believed there was some merit in the photos being in the public arena.

The crash cemented itself in New Zealand history as the third worst aviation disaster in terms of loss of life behind the Mt Erebus crash in 1979 and Kaimai Ranges crash in 1963.

At the time, Mr Hopping, 53, operated a scenic balloon flight business in the Wairarapa and held a commercial helicopter and balloon pilot licences, but his medical certification had expired six weeks before the flight.

Ms Still's mother Vivienne Still said the family wasn't aware Mr Hopping's certification had lapsed and even the night before, Alexis had told her he was the safest pilot in New Zealand.

Mr Hopping was found to have THC – the active ingredient in cannabis – in his system from samples taken during his post-mortem. He was described by those who knew him as a "chronic user" of cannabis who had been smoking it for 15 years on average once a week.

However, toxicologists say the THC level in his body cannot be safely relied upon to prove claims he smoked cannabis hours before the flight. The inquest found there was insufficient evidence to say whether Mr Hopping had been impaired because of the "carry-over effect" of THC.

CAA supports recommendations

The CAA supports the recommendations and will consider making appropriate changes which are within its powers.

Director Graeme Harris says the organisation is committed to improving safety in the aviation sector and the drug testing recommendations sit with its long-held position.

"We have zero tolerance for drug and alcohol impairment in aviation and support any moves the Government may make to mitigate this risk through stronger regulation," he says.

A number of changes to improve adventure aviation safety have been put in place since the incident in response to the previous reports.

For example all adventure aviation operations, including commercial hot air ballooning, tandem hang-gliding and paragliding, must have the same safety level of a small airline which includes random drug testing.

They are also subject to CAA safety audits.

Families 'brave' for speaking up

Alastair Sherriff, the lawyer representing the Still and Jordaan families, as well as the family of another victim Howard Cox, says some of the recommendations are simple to implement.

"There are some amendments to be made to the Civil Aviation Act but they're not difficult and they simply reflect for commercial balloon pilots what we've already got relating to people driving on the roads," he says.

He believes the coroner's report will only bring closure to the families once the proposed changes are in place and knowing there is less chance of a similar incident happening again.

Mr Sherriff praised the bravery of the families for continuing to be open and willing to talk about their experiences.

"They've made the decision they can't stay silent so it's been really tough on them but they're strong people. They've got courage and they believe in what they're doing."

Mr Still says the past three years since the accident have been difficult and the family has learned an important lesson themselves.

"I'd be lying if to say [the years have] been easy, they haven't. They've been very, very difficult.

"I think we've learned we're quite resilient people – a lot more resilient than I believed I ever was."

The recommendations:

  • CAA should identify opportunities for third parties to notify it of concerns about medical certification status;
  • CAA should put in a system notifying them of when pilots' medical certificates expire, then confirm with pilot or operator whether it is still being used;
  • Alternatively, medical examiners should tell CAA when an adventure aviation pilot hasn't renewed their certificate;
  • CAA should ensure all adventure aviation pilots undergo drug testing in initial and future medical certification;
  • All adventure aviation operators should post on their websites information about pilots including current certification, licensing and medical certification so public can assess whether to fly with them;
  • CAA and Ministry of Transport should make pilots' licence and certification information available to public including providing it to passengers before flight;
  • Law should be changed to allow random drug testing for adventure aviation pilots and tougher penalties;
  • Requirement of GPS systems to help operators and CAA to determine proximity of power lines during flights;
  • Requirement of all aviation operators in pre-flight briefings to tell passengers to be aware of wires, poles and alert pilot of proximity to power lines, explain CAA requirements the commercial balloons not fly within certain distances of power lines except in an emergency and if necessary the CAA should be told why, tell passengers they can make a complaint to CAA;
  • CAA should consider requiring a second crew member if passengers exceed a certain number who can use the rapid deflation system;
  • CAA should provide international regulators with details of the case and lessons learned for balloon safety.

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