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Unauthorised 2012 Ohio balloon jump results in FAA charge

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http://www.cleveland.com/open/index.ssf/2014/05/local_skydiver_who_parachuted.html

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"Awesome" and "wonderful."

This is how people described the sight of David Allen Draves floating beneath a parachute near Ravenna, Ohio, after he stepped from a hot air balloon at about 3,700 feet on a glorious September evening in 2012.

People expect to see a parachutist come out of an airplane once in a while, but not out of a balloon's gondola. Draves' jump at the annual Ravenna Balloon A-Fair came as a surprise to most, including, apparently, federal authorities.

"It was wonderful. It was absolutely wonderful," said Jeanie Ferguson, 72, who helps organize the annual balloon festival's grand parade and was as pleasantly stunned as anybody. "He landed just perfectly. The crowd absolutely loved it."

But the Federal Aviation Administration didn't.

And now Draves, 41, finds himself contesting a government charge that he violated FAA regulations by failing to get its authorization to parachute in a congested area. The FAA says that Draves, of Kent, created a hazard as he came down over the balloon launching area at Sunbeau Valley Farm, off Ohio State Route 59.

Draves' jump, says the FAA complaint, "constituted reckless conduct so as to endanger the life or property of others." The agency wants to fine him up to $1,100.

But Draves, an experienced skydiving instructor around northeast Ohio, western Pennsylvania and a popular southwest Ohio parachute area near Xenia, is not ready to pay a fine.

He said in a legal document in April that he has jumped from airplanes more than 8,000 times and has never had an accident. He has denied putting anyone at harm. He has demanded a hearing in Cleveland before an administrative law judge, and he wants to question an FAA official who apparently happened to be at the festival and prompted the charge.

Unless Draves and the FAA settle, the judge will have to decide who's right. As for the balloonist who let Draves jump from his airborne gondola, punishment has already been served.

The balloonist had his certificate that authorizes him to operate his balloon suspended for 180 days, according to the FAA.

The FAA would not disclose additional details such as the balloon pilot's name without a Freedom of Information Act request. The Plain Dealer filed such a request but the release of documents under the act is seldom quick.

Yet the FAA's action may have had little effect on the balloon pilot's operations, since the certificate was suspended in December of 2012 -- a time when hot air balloons are garaged in Ohio. The suspension ended in time for the 2013 ballooning season.

Draves, a skydiver for 13 years, is not surrendering what he sees as his rights so readily. He has been hesitant to discuss his case, but in correspondence he sent to federal authorities in April, he denied putting anyone in danger.

"It has always been my sole intent to promote the sport of skydiving, as well as aviation, in a positive and safety conscious manner," his response to the FAA said.

He said he is requesting a hearing "so as to defend my integrity as well as my safety consciousness in this matter."

A call to Kate Barber, the Illinois-based FAA attorney handling the case for the government, was returned by an agency spokeswoman who said the FAA does not comment on details of pending cases.

In a written response to the agency's complaint, Draves referred to the FAA's witness of his jump at the Ravenna Balloon A-Fair as "Chris Paucho," chief of the FAA's Cleveland district flight standards office.

That is close to the name of Kris Palcho, the front line manager of the Cleveland district office. Palcho has not yet responded to a reporter's call and email.

Two people who watched Draves float down with his parachute on that 2012 day, both with connections to the Balloon A-Fair, said they had no idea that the FAA cited Draves and the balloon pilot. They said Draves did not appear to put anyone in danger and that his landing seemed precise and safe.

"Oh, my God," said Ferguson, a longtime coordinator of the festival, when told of the charge that Draves had put people in danger. "Why would he put anybody in danger?"

Mark Short, the current president of the Ravenna Balloon-a-Fair and a vice president in 2012, said Draves' feat was "amazing." And the crowd ate it up, "because it was unexpected."

"It was pure entertainment," said Short, 54, whose mother is Ferguson. "The area he landed in was wide open. It was a totally wide open area and there weren't any people."

In fact, he said, because the landing took place in a field where balloons – already in the air – had launched, the area was roped off. "No one's allowed in there."

Told that the FAA wants to fine Draves as much as $1,100, Short said, "Oh, you're kidding me."

"He never put anybody in danger."

That will be for an FAA administrative law judge to determine. The judge, John J. E. Sullivan, who is based in Washington, D.C., has scheduled a June 19 conference call for Draves and the FAA to discuss their dispute and their proposals for how to proceed.

So far, the parties appear to agree on one thing. The FAA, like Draves, said in a legal filing that it wants a hearing be scheduled in Cleveland.


Skydiving Fatalities - Cease not to learn 'til thou cease to live

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"Draves, a skydiver for 13 years, is not surrendering what he sees as his rights so readily." and "The balloonist had his certificate that authorizes him to operate his balloon suspended for 180 days, according to the FAA."

His "rights" to get a pilot in trouble, huh? Lovely. I wonder what he teaches his skydiving students about the FARs, pilots, etc.

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Like it or not, sounds like a clear violation of a number of FAR's. And I bet he did not have a COA to conduct that jump from the FSDO. I wonder if the FAA bothered to check the gear to see if it was a base rig, that would be another violation.

It's stupid assholes doing this kind of shit that fucks pooch for all the others who are trying to do shit above board and follow and comply with the FAR's, you know those of us who are card carrying members of USPA with a PRO rating.

SO yea if this was just some bullshit out of line FAA guy I would agree with you on "We're the FAA, we're not happy till you're not happy."

I think "Hi I'm Mr. Bandit jumping asshole who just day blazed an aviation event in front of FAA and got a pilot violated and fined because I'm too cool to follow some simple rules and do legal". would be more appropriate.
you can't pay for kids schoolin' with love of skydiving! ~ Airtwardo

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peek

"Draves, a skydiver for 13 years, is not surrendering what he sees as his rights so readily." and "The balloonist had his certificate that authorizes him to operate his balloon suspended for 180 days, according to the FAA."

His "rights" to get a pilot in trouble, huh? Lovely. I wonder what he teaches his skydiving students about the FARs, pilots, etc.



The article doesn't mention whether the pilot knew and willingly allowed Draves to jump. I'd think that unless Draves kept his rig well-concealed from the pilot until the last instant, it was probably quite visible while he was wearing it on the way up. This may (or may not) be a case of the pilot (also) getting himself into trouble, if (if) he was Draves's willing co-conspirator. And the pilot is charge with knowing the rules himself, not just relying on what someone tells him. So I'm not sure yet whether to be sympathetic for the pilot.

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Are you sure the pilot was aware of FAA rules about jumping into a public area. Perhaps as far as he knew, as long as the guy had a rig it was legal.
Sure, he's in command but that doesn't mean he knows all the regs(and I get that ignorance isn't an argument).

On the other hand, it might be argued that the skydiver with so many years and so many jumps knows the rules about "demos" better than a pilot might. If the skydiver has a PRO rating, he certainly knows the law, right?
Either way, the pilot already paid his price with a suspension and a ding on his record.

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Andy9o8

***"Draves, a skydiver for 13 years, is not surrendering what he sees as his rights so readily." and "The balloonist had his certificate that authorizes him to operate his balloon suspended for 180 days, according to the FAA."

His "rights" to get a pilot in trouble, huh? Lovely. I wonder what he teaches his skydiving students about the FARs, pilots, etc.



And the pilot is charge with knowing the rules himself, not just relying on what someone tells him.

Agreed, although it is amazing how many pilots trust experienced skydivers in matters such as that. I think that many pilots get taken advantage of. I've seen it happen numerous times.
.
.

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I can see his argument but I'm sure he will lose.

"§105.21 Parachute operations over or into a congested area or an open-air assembly of persons.

(a) No person may conduct a parachute operation, and no pilot in command of an aircraft may allow a parachute operation to be conducted from that aircraft, over or into a congested area of a city, town, or settlement, or an open-air assembly of persons unless a certificate of authorization for that parachute operation has been issued under this section. However, a parachutist may drift over a congested area or an open-air assembly of persons with a fully deployed and properly functioning parachute if that parachutist is at a sufficient altitude to avoid creating a hazard to persons or property on the surface."

If he wasn't getting paid and it wasn't part of the program...
There is no definition of a congested area so airmen always lose on that alone.

This jump preceded the new 1052e which states

"(b) Any parachute jumping demonstration planned in conjunction with a public aviation event will require a COA with appropriate special provisions as required by § 105.21, even if the landing area exceeds the maximum dimensions for a Level I area. A parachute jumping demonstration planned in conjunction with a public aviation event is one that takes place any time after the first spectator arrives for the event that day."
Replying to: Re: Stall On Jump Run Emergency Procedure? by billvon

If the plane is unrecoverable then exiting is a very very good idea.

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It was however in Class E airspace and within the 30 mile transponder ring of Cleveland Hopkins International so if there was no notice to ATC he would be wrong there for sure.
Replying to: Re: Stall On Jump Run Emergency Procedure? by billvon

If the plane is unrecoverable then exiting is a very very good idea.

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peek

"Draves, a skydiver for 13 years, is not surrendering what he sees as his rights so readily." and "The balloonist had his certificate that authorizes him to operate his balloon suspended for 180 days, according to the FAA."

His "rights" to get a pilot in trouble, huh? Lovely. I wonder what he teaches his skydiving students about the FARs, pilots, etc.



Unless the jumper snuck his rig onto the balloon and jumped without permission, the pilot got himself in trouble.
Chuck Akers
D-10855
Houston, TX

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normiss

The suspension was fortunately during the winter.
He suffered nothing.
:S


Clearly a bandit jump. If he has a PRO rating he should lose it IMO.



Doesn't matter if he didn't suffer, his record is marked and the FAA made a ruling.
I do wish there were more active punitive issues when skydivers screw up; we've both seen situations where ego came before common sense and resulted in killing someone else.
And the living didn't suffer for their actions.
In comparison, this issue is miniscule.
But he will likely pay for his jump ticket on this one.

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wasatchrider

day blazer... breaking rules have to happen when nobody is looking



Some people hold the perception or witness from others in higher regard than internal reward, so will always choose the day blaze over stealth.

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If what cleavland.com is reporting is accurate then this seems to fit a familiar pattern:

"I've got mad skills, so the rules don't apply to me." Check.

"This was successful which proves it was safe." Yup.

"I've made n-thousand jumps without so much as a broken finger nail, and I was only promoting the sport of parachuting in a positive manner." True. It's not like he's the chair of the USPA "Safety and Training" committee and took out a spectator or anything.
www.wci.nyc

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http://www.cleveland.com/open/index.ssf/2014/07/parachutist_gets_fine_reduced.html


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Stephen Koff, Plain Dealer Washington Bureau Chief By Stephen Koff, Plain Dealer Washington Bureau Chief
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on July 10, 2014 at 10:30 AM
skydive.jpgAP Photo/Darron Cummings

WASHINGTON, D.C. – The parachutist who ticked off federal aviation officials with his stunt from a hot air balloon near Ravenna, Ohio, has ended his case with a soft landing.

He has been fined $400, less than half the $1,100 that the Federal Aviation Administration tried to assess him.

This is according to a settlement agreement and dismissal signed by federal Administrative Law Judge J. E. Sullivan. The parachutist, David Allen Draves of Kent, did not respond to messages seeking comment.

But a friend of Draves, Brit Flack, confirmed the settlement Thursday and said that "Dave was pleased with the outcome and will certainly be more cognitive to the details the next time he performs a demonstration for the public."

Although Draves challenged the FAA in legal filings, he has been hesitant to speak out about the agency that controls aircraft and the people who choose to jump out of them. Draves, 41, is a veteran skydiver and parachuting instructor with more than 8,000 jumps, he said in a legal filing.

Draves ran afoul of the FAA on a clear Ohio evening in September, 2012. It was during the annual Ravenna Balloon A-Fair, and at first he appeared to be like any other passenger in a hot air balloon at the popular festival.

But when the balloon reached about 3,700 feet, Draves exited the gondola, floating under a parachute to a precise landing in a field at Sunbeau Valley Farm, off Ohio 59.

Organizers of the balloon festival said no one was in danger and the crowd, taken by surprise, loved the stunt. They called it "awesome" and "wonderful."

"It was pure entertainment," Mark Short, the current president of the Ravenna Balloon A-Fair and a vice president in 2012, told The Plain Dealer recently.

"The area he landed in was wide open. It was a totally wide open area and there weren't any people."

But an FAA official from Cleveland happened to be there and said Draves should have sought the agency's authorization before parachuting into a congested area or an open-air assembly.

The FAA filed a complaint charging that Draves' jump "constituted reckless conduct so as to endanger the life or property of others."

In the settlement, however, Draves was only charged with failing to get FAA authorization for a jump into a congested area or open-air assembly.

While it proposed a fine of $1,100 for Draves, the agency also went after the balloon pilot, identified in records as Chester Myron Davis of Kent, for allowing the jump. It suspended his airman certificate, according to the records obtained under the Freedom of Information Act.

However, the suspension's timing may have rendered the penalty meaningless. The suspension started in December 2012, a season when no one was launching hot air balloons in Ohio.

It expired six months later, just in time for 2013 ballooning season.
Yesterday is history
And tomorrow is a mystery

Parachutemanuals.com

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