Narrative:

Upon being cleared for takeoff runway 30L at sjc, tower advised us of traffic turning on a 6 mi left base for runway 30L. On climb out at approximately 500 ft AGL, first officer (PNF) noticed TCASII traffic at +200 ft and less than 1 mi. As we visually acquired the helicopter at our 11 O'clock position, we immediately initiated a smooth right turn approximately 25 degrees off runway heading while keeping traffic in sight. Tower then informed helicopter he had overtaking traffic from his right. Tower then radioed us to 'turn back to a 300 degree heading when able and resume SID.' tower then asked helicopter if he had started his left turn yet. We estimate our closest point at 400-500 ft horizontal distance and co-altitude. We passed traffic and resumed a 300 degree heading for the sjc 8 SID by the sjc 1.6 DME and initiated a 30 degree bank turn at 1.8 DME to a 110 degree heading per the SID. Upon returning to dfw, I called sjc tower and the ATC specialist said the helicopter took off from a parallel taxiway with 900 ft lateral separation from runway 30L and requested a right turn. He was denied the turn and told to hold a 300 degree heading. The helicopter read back a 320 degree heading. Tower did not feel the helicopter started the turn and corrected his heading. We discussed the importance of tower being careful with TA's especially with small white helicopters. As a heads up -- sjc has a lot of GA fixed wing helicopter traffic. Keep your eyes peeled! Supplemental information from acn 412923: we passed co-altitude at about 500 ft lateral separation at approximately sjc 1.6 DME. The TCASII symbol at that point had changed to yellow, but never any aural alerts at any time. Tower then advised us of the traffic conflict and advised us to turn back to 300 degrees to resume the SID (sjc 8 SID) which requires a turn at 1.8 DME. I responded 'roger, thanks for the traffic callout.' several mins later on climb out, approximately 30 mi southeast of sjc, I called back to sjc tower who indicated a helicopter traffic had been cleared a departure to parallel the runway and it possibly drifted right. Sjc was advised a near miss would probably be filed. They responded with a phone number to call them back. Hindsight assessment: if our takeoff clearance would have advised of the potential conflict, we maybe could have acquired earlier and had greater separation when passing the traffic.

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Original NASA ASRS Text

Title: A DEP S80 TURNS AWAY FROM THE RWY 30L HDG AT 500 FT AGL AT SJC WHILE AVOIDING A MANEUVERING HELI WHO STRAYED FROM HIS ASSIGNED DEP HDG OFF RWY 30L. TWR ISSUED THE HELI THE OVERTAKING S80 AS TFC BUT HAD NOT GIVEN THE HELI AS TFC TO THE S80. NMAC.

Narrative: UPON BEING CLRED FOR TKOF RWY 30L AT SJC, TWR ADVISED US OF TFC TURNING ON A 6 MI L BASE FOR RWY 30L. ON CLBOUT AT APPROX 500 FT AGL, FO (PNF) NOTICED TCASII TFC AT +200 FT AND LESS THAN 1 MI. AS WE VISUALLY ACQUIRED THE HELI AT OUR 11 O'CLOCK POS, WE IMMEDIATELY INITIATED A SMOOTH R TURN APPROX 25 DEGS OFF RWY HDG WHILE KEEPING TFC IN SIGHT. TWR THEN INFORMED HELI HE HAD OVERTAKING TFC FROM HIS R. TWR THEN RADIOED US TO 'TURN BACK TO A 300 DEG HDG WHEN ABLE AND RESUME SID.' TWR THEN ASKED HELI IF HE HAD STARTED HIS L TURN YET. WE ESTIMATE OUR CLOSEST POINT AT 400-500 FT HORIZ DISTANCE AND CO-ALT. WE PASSED TFC AND RESUMED A 300 DEG HDG FOR THE SJC 8 SID BY THE SJC 1.6 DME AND INITIATED A 30 DEG BANK TURN AT 1.8 DME TO A 110 DEG HDG PER THE SID. UPON RETURNING TO DFW, I CALLED SJC TWR AND THE ATC SPECIALIST SAID THE HELI TOOK OFF FROM A PARALLEL TXWY WITH 900 FT LATERAL SEPARATION FROM RWY 30L AND REQUESTED A R TURN. HE WAS DENIED THE TURN AND TOLD TO HOLD A 300 DEG HDG. THE HELI READ BACK A 320 DEG HDG. TWR DID NOT FEEL THE HELI STARTED THE TURN AND CORRECTED HIS HDG. WE DISCUSSED THE IMPORTANCE OF TWR BEING CAREFUL WITH TA'S ESPECIALLY WITH SMALL WHITE HELIS. AS A HEADS UP -- SJC HAS A LOT OF GA FIXED WING HELI TFC. KEEP YOUR EYES PEELED! SUPPLEMENTAL INFO FROM ACN 412923: WE PASSED CO-ALT AT ABOUT 500 FT LATERAL SEPARATION AT APPROX SJC 1.6 DME. THE TCASII SYMBOL AT THAT POINT HAD CHANGED TO YELLOW, BUT NEVER ANY AURAL ALERTS AT ANY TIME. TWR THEN ADVISED US OF THE TFC CONFLICT AND ADVISED US TO TURN BACK TO 300 DEGS TO RESUME THE SID (SJC 8 SID) WHICH REQUIRES A TURN AT 1.8 DME. I RESPONDED 'ROGER, THANKS FOR THE TFC CALLOUT.' SEVERAL MINS LATER ON CLBOUT, APPROX 30 MI SE OF SJC, I CALLED BACK TO SJC TWR WHO INDICATED A HELI TFC HAD BEEN CLRED A DEP TO PARALLEL THE RWY AND IT POSSIBLY DRIFTED R. SJC WAS ADVISED A NEAR MISS WOULD PROBABLY BE FILED. THEY RESPONDED WITH A PHONE NUMBER TO CALL THEM BACK. HINDSIGHT ASSESSMENT: IF OUR TKOF CLRNC WOULD HAVE ADVISED OF THE POTENTIAL CONFLICT, WE MAYBE COULD HAVE ACQUIRED EARLIER AND HAD GREATER SEPARATION WHEN PASSING THE TFC.

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.