Narrative:

A notice of proposed civil penalty was received on xx/yy/93. Attached is a copy of notice. This is the first time I, president of company, am aware of such proposed action pertaining to this case. The problem is obvious: the sight-seeing tour made an unscheduled landing without my prior knowledge. However, the passenger did return to the point of departure with the helicopter. Contributing factor is the pilot, mr. X. He is not very clear on far part 135. Since the pilot is operating under part 61, and part 91 all the time, I can understand why he is not very familiar with part 135 regulation. This particular flight was discovered by my competitor, who had notified the local FAA. The competitor is also my ex- employee. At the time my ex-employee could not fly any part 135 flts because he did not have part 135 certificate, so to conduct sight-seeing tours he positioned himself with a helicopter at the restaurant from his base that was at another airport. Therefore, for this ex- employee any passenger carrying flts leaving the restaurant will not be a part 135 flight. Rather, it's a sight-seeing flight under part 61. Since the ex-employee is a commercial pilot only, he will have to fly to the restaurant and make all his flts start from the restaurant and end at the same restaurant to be considered a nonstop sight-seeing flight. Since the incident was discovered by me, mr. X was indoctrinated into part 135 operation. He took the FAA part 135 check ride to become a part 135 pilot. The helicopter was again listed under part 135 operation. None of the actions that we took made any material change or operational change to my operation, only in paper work. Since the helicopter was used for flight training, therefore, the helicopter was maintained exactly the same as if it was under part 135 all the time. The only reason the helicopter was taken off the part 135 operation was due to the fact there was no demand for air taxi service.

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Original NASA ASRS Text

Title: INCIDENT FROM 1992 OF HELI SIGHT-SEEING TRIP IN WHICH PAX WERE ALLOWED TO HAVE DINNER, THEN RETURNED.

Narrative: A NOTICE OF PROPOSED CIVIL PENALTY WAS RECEIVED ON XX/YY/93. ATTACHED IS A COPY OF NOTICE. THIS IS THE FIRST TIME I, PRESIDENT OF COMPANY, AM AWARE OF SUCH PROPOSED ACTION PERTAINING TO THIS CASE. THE PROB IS OBVIOUS: THE SIGHT-SEEING TOUR MADE AN UNSCHEDULED LNDG WITHOUT MY PRIOR KNOWLEDGE. HOWEVER, THE PAX DID RETURN TO THE POINT OF DEP WITH THE HELI. CONTRIBUTING FACTOR IS THE PLT, MR. X. HE IS NOT VERY CLR ON FAR PART 135. SINCE THE PLT IS OPERATING UNDER PART 61, AND PART 91 ALL THE TIME, I CAN UNDERSTAND WHY HE IS NOT VERY FAMILIAR WITH PART 135 REG. THIS PARTICULAR FLT WAS DISCOVERED BY MY COMPETITOR, WHO HAD NOTIFIED THE LCL FAA. THE COMPETITOR IS ALSO MY EX- EMPLOYEE. AT THE TIME MY EX-EMPLOYEE COULD NOT FLY ANY PART 135 FLTS BECAUSE HE DID NOT HAVE PART 135 CERTIFICATE, SO TO CONDUCT SIGHT-SEEING TOURS HE POSITIONED HIMSELF WITH A HELI AT THE RESTAURANT FROM HIS BASE THAT WAS AT ANOTHER ARPT. THEREFORE, FOR THIS EX- EMPLOYEE ANY PAX CARRYING FLTS LEAVING THE RESTAURANT WILL NOT BE A PART 135 FLT. RATHER, IT'S A SIGHT-SEEING FLT UNDER PART 61. SINCE THE EX-EMPLOYEE IS A COMMERCIAL PLT ONLY, HE WILL HAVE TO FLY TO THE RESTAURANT AND MAKE ALL HIS FLTS START FROM THE RESTAURANT AND END AT THE SAME RESTAURANT TO BE CONSIDERED A NONSTOP SIGHT-SEEING FLT. SINCE THE INCIDENT WAS DISCOVERED BY ME, MR. X WAS INDOCTRINATED INTO PART 135 OP. HE TOOK THE FAA PART 135 CHK RIDE TO BECOME A PART 135 PLT. THE HELI WAS AGAIN LISTED UNDER PART 135 OP. NONE OF THE ACTIONS THAT WE TOOK MADE ANY MATERIAL CHANGE OR OPERATIONAL CHANGE TO MY OP, ONLY IN PAPER WORK. SINCE THE HELI WAS USED FOR FLT TRAINING, THEREFORE, THE HELI WAS MAINTAINED EXACTLY THE SAME AS IF IT WAS UNDER PART 135 ALL THE TIME. THE ONLY REASON THE HELI WAS TAKEN OFF THE PART 135 OP WAS DUE TO THE FACT THERE WAS NO DEMAND FOR AIR TAXI SVC.

Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.