Narrative:

I was just coming into a hover just over a lava flow in hawaii (big island). 3 other helicopters were in the area hovering, also a twin engine airplane came flying by within 100-150 ft and it was too close for me. He was coming straight onto me, he turned right, I turned right and dropped down to 1000 ft MSL thus breaking the sfar 71 in hawaii. I have never encountered this kind of close call until this new sfar 71 came into effect. Today is oct/xx/94 and the sfar went into effect on oct/xx/94. The new regulation sfar 71 is very unsafe and I know that only a matter of time before we will have mid-air collisions. Any time you have airspace like a bottleneck like this sfar 71 that puts airplane and slow moving helicopters at the same altitude under a 500 ft clearance under cloud layers you are asking for accidents. This sfar 71 is dangerous and does not improve the safety of our passenger. Something must be done immediately to lift this sfar 71 I do not know why the NTSB has not done anything in this matter. Callback conversation with reporter revealed the following information: reporter states the sfar is creating more danger than it is adding to safety. His reasoning is that the cloud layer is usually 1000-2000 ft. The 1500 ft AGL puts all traffic at the same altitude. Reporter has been flying tours for some yrs and has never had a close call before. He was so disturbed that he could not fly any more that day. He feels the majority of the pilots were very cooperative previously and would announce position and altitude so each would be aware of the other. From FAA comments and questions the pilots know they are being tracked and observed. Many are concerned about certificate action so they no longer use the transponder. They give position only, and not altitude on their calls. Morale is very bad among the pilots and they argue about why 1 person could be in a specific area when they could not legally fly there. The FAA is accepting requests for deviation from companies and now several are flying at 1000 ft while others must maintain 1500 ft. Reporter states it is now a 'look out for yourself' attitude where it was previously a good attitude and three were good safety concerns.

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Original NASA ASRS Text

Title: HELI AIR TAXI, AIR TOUR TAKES EVASIVE ACTION UPON ENCOUNTERING SMT IN CLOSE PROX. VIOLATES SFAR-71.

Narrative: I WAS JUST COMING INTO A HOVER JUST OVER A LAVA FLOW IN HAWAII (BIG ISLAND). 3 OTHER HELIS WERE IN THE AREA HOVERING, ALSO A TWIN ENG AIRPLANE CAME FLYING BY WITHIN 100-150 FT AND IT WAS TOO CLOSE FOR ME. HE WAS COMING STRAIGHT ONTO ME, HE TURNED R, I TURNED R AND DROPPED DOWN TO 1000 FT MSL THUS BREAKING THE SFAR 71 IN HAWAII. I HAVE NEVER ENCOUNTERED THIS KIND OF CLOSE CALL UNTIL THIS NEW SFAR 71 CAME INTO EFFECT. TODAY IS OCT/XX/94 AND THE SFAR WENT INTO EFFECT ON OCT/XX/94. THE NEW REG SFAR 71 IS VERY UNSAFE AND I KNOW THAT ONLY A MATTER OF TIME BEFORE WE WILL HAVE MID-AIR COLLISIONS. ANY TIME YOU HAVE AIRSPACE LIKE A BOTTLENECK LIKE THIS SFAR 71 THAT PUTS AIRPLANE AND SLOW MOVING HELIS AT THE SAME ALT UNDER A 500 FT CLRNC UNDER CLOUD LAYERS YOU ARE ASKING FOR ACCIDENTS. THIS SFAR 71 IS DANGEROUS AND DOES NOT IMPROVE THE SAFETY OF OUR PAX. SOMETHING MUST BE DONE IMMEDIATELY TO LIFT THIS SFAR 71 I DO NOT KNOW WHY THE NTSB HAS NOT DONE ANYTHING IN THIS MATTER. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: RPTR STATES THE SFAR IS CREATING MORE DANGER THAN IT IS ADDING TO SAFETY. HIS REASONING IS THAT THE CLOUD LAYER IS USUALLY 1000-2000 FT. THE 1500 FT AGL PUTS ALL TFC AT THE SAME ALT. RPTR HAS BEEN FLYING TOURS FOR SOME YRS AND HAS NEVER HAD A CLOSE CALL BEFORE. HE WAS SO DISTURBED THAT HE COULD NOT FLY ANY MORE THAT DAY. HE FEELS THE MAJORITY OF THE PLTS WERE VERY COOPERATIVE PREVIOUSLY AND WOULD ANNOUNCE POS AND ALT SO EACH WOULD BE AWARE OF THE OTHER. FROM FAA COMMENTS AND QUESTIONS THE PLTS KNOW THEY ARE BEING TRACKED AND OBSERVED. MANY ARE CONCERNED ABOUT CERTIFICATE ACTION SO THEY NO LONGER USE THE XPONDER. THEY GIVE POS ONLY, AND NOT ALT ON THEIR CALLS. MORALE IS VERY BAD AMONG THE PLTS AND THEY ARGUE ABOUT WHY 1 PERSON COULD BE IN A SPECIFIC AREA WHEN THEY COULD NOT LEGALLY FLY THERE. THE FAA IS ACCEPTING REQUESTS FOR DEV FROM COMPANIES AND NOW SEVERAL ARE FLYING AT 1000 FT WHILE OTHERS MUST MAINTAIN 1500 FT. RPTR STATES IT IS NOW A 'LOOK OUT FOR YOURSELF' ATTITUDE WHERE IT WAS PREVIOUSLY A GOOD ATTITUDE AND THREE WERE GOOD SAFETY CONCERNS.

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.