On Fri, 1 Sep 2006 10:04:25 -0700, "Peter Duniho"
wrote in
:

"Larry Dighera" wrote in message
.. .
Given the fact that the balloon pilot is at the mercy of the vagaries
of the wind for his navigation control, and the helo is highly
maneuverable, why wouldn't the balloon be given the right-of-way? One
must give way to a balloon; to believe otherwise is foolish.

A balloon pilot is NOT at the mercy of the wind. It's true that lateral
control is impossible, but that doesn't mean the balloon pilot doesn't have
any way to avoid a collision.

It means that he is incapable of complying with § 91.113(e) by
altering his course to the right.