Narrative:

While flying a helicopter, we were covering a police operation (it was dark and raining over downtown portland, or). The agreement with the police department is that we will stay 1 mi and 1000 ft away. The agreement also states that if they need us to move back they will call the news stations and ask us to move. Instead of doing this, they just put up a traffic A-1 (3 mi and 2000 ft). They said they put up the temporary flight restrs because a news helicopter had flown through at an altitude lower than agreed upon. A news helicopter did fly through, but it was on its way back to its home base and did not know anything about the operation. (He was flying a standard route for the downtown area and alone in the helicopter.) 2 problems: 1) the agreement with the police states they will call the news stations if they need us to move back. Instead they just put up a temporary flight restrs this time. 2) I am in uncontrolled airspace making standard CTAF calls. I was in the airspace before the police certification operation started. Because of the closeness to pdx airspace, I listen to them on my second radio. At XA45, pdx called in the blind to see if I might be listening to them. I was and I responded to the call. At this time they informed me the police had put up a temporary flight restrs through the ZSE and they asked me if I would move. At this time I asked pdx if I could come in and land there to wait out the temporary flight restrs. The downtown helicopter pad where we keep the helicopter was inside the temporary flight restrs, so we had to wait it out or pay the fee to leave it at pdx. Pdx had said they could not give us permission to go back into the downtown helipad to land, because they were not the ones to put up the temporary flight restrs. My question is, I was in the airspace before the temporary flight restrs and it is uncontrolled airspace. I don't need to talk to anyone and I am not traveling into a new area. If I had not been monitoring pdx on my second radio, I would not have known about the temporary flight restrs and I would have stayed in that area for almost another hour. Could I be violated for this, and if so, how and why? At the altitudes helicopters fly at we can't use flight following. Callback conversation with reporter revealed the following information: the temporary flight restrs were not established with the FSS until 30 mins after aircraft left the area. The reporter is concerned that the police do not know the rules for legal establishment of a temporary flight restr and what is required. He believes that an excessive area was closed. This included 3 hospital helipads, the approach and departure area of pdx airport and 2 tv news helipads. The tv stations in the pdx area are still trying to clarify the situation with the pdx police. The private agreement that was worked out there has been used nationwide as a model agreement.

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Original NASA ASRS Text

Title: BH06 NEWS HELI WAS IN AN AREA OF POLICE ACTIVITY WHEN A TEMPORARY FLT RESTR WAS ESTABLISHED.

Narrative: WHILE FLYING A HELI, WE WERE COVERING A POLICE OP (IT WAS DARK AND RAINING OVER DOWNTOWN PORTLAND, OR). THE AGREEMENT WITH THE POLICE DEPT IS THAT WE WILL STAY 1 MI AND 1000 FT AWAY. THE AGREEMENT ALSO STATES THAT IF THEY NEED US TO MOVE BACK THEY WILL CALL THE NEWS STATIONS AND ASK US TO MOVE. INSTEAD OF DOING THIS, THEY JUST PUT UP A TFC A-1 (3 MI AND 2000 FT). THEY SAID THEY PUT UP THE TEMPORARY FLT RESTRS BECAUSE A NEWS HELI HAD FLOWN THROUGH AT AN ALT LOWER THAN AGREED UPON. A NEWS HELI DID FLY THROUGH, BUT IT WAS ON ITS WAY BACK TO ITS HOME BASE AND DID NOT KNOW ANYTHING ABOUT THE OP. (HE WAS FLYING A STANDARD RTE FOR THE DOWNTOWN AREA AND ALONE IN THE HELI.) 2 PROBS: 1) THE AGREEMENT WITH THE POLICE STATES THEY WILL CALL THE NEWS STATIONS IF THEY NEED US TO MOVE BACK. INSTEAD THEY JUST PUT UP A TEMPORARY FLT RESTRS THIS TIME. 2) I AM IN UNCTLED AIRSPACE MAKING STANDARD CTAF CALLS. I WAS IN THE AIRSPACE BEFORE THE POLICE CERTIFICATION OP STARTED. BECAUSE OF THE CLOSENESS TO PDX AIRSPACE, I LISTEN TO THEM ON MY SECOND RADIO. AT XA45, PDX CALLED IN THE BLIND TO SEE IF I MIGHT BE LISTENING TO THEM. I WAS AND I RESPONDED TO THE CALL. AT THIS TIME THEY INFORMED ME THE POLICE HAD PUT UP A TEMPORARY FLT RESTRS THROUGH THE ZSE AND THEY ASKED ME IF I WOULD MOVE. AT THIS TIME I ASKED PDX IF I COULD COME IN AND LAND THERE TO WAIT OUT THE TEMPORARY FLT RESTRS. THE DOWNTOWN HELI PAD WHERE WE KEEP THE HELI WAS INSIDE THE TEMPORARY FLT RESTRS, SO WE HAD TO WAIT IT OUT OR PAY THE FEE TO LEAVE IT AT PDX. PDX HAD SAID THEY COULD NOT GIVE US PERMISSION TO GO BACK INTO THE DOWNTOWN HELIPAD TO LAND, BECAUSE THEY WERE NOT THE ONES TO PUT UP THE TEMPORARY FLT RESTRS. MY QUESTION IS, I WAS IN THE AIRSPACE BEFORE THE TEMPORARY FLT RESTRS AND IT IS UNCTLED AIRSPACE. I DON'T NEED TO TALK TO ANYONE AND I AM NOT TRAVELING INTO A NEW AREA. IF I HAD NOT BEEN MONITORING PDX ON MY SECOND RADIO, I WOULD NOT HAVE KNOWN ABOUT THE TEMPORARY FLT RESTRS AND I WOULD HAVE STAYED IN THAT AREA FOR ALMOST ANOTHER HR. COULD I BE VIOLATED FOR THIS, AND IF SO, HOW AND WHY? AT THE ALTS HELIS FLY AT WE CAN'T USE FLT FOLLOWING. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: THE TEMPORARY FLT RESTRS WERE NOT ESTABLISHED WITH THE FSS UNTIL 30 MINS AFTER ACFT LEFT THE AREA. THE RPTR IS CONCERNED THAT THE POLICE DO NOT KNOW THE RULES FOR LEGAL ESTABLISHMENT OF A TEMPORARY FLT RESTR AND WHAT IS REQUIRED. HE BELIEVES THAT AN EXCESSIVE AREA WAS CLOSED. THIS INCLUDED 3 HOSPITAL HELIPADS, THE APCH AND DEP AREA OF PDX ARPT AND 2 TV NEWS HELIPADS. THE TV STATIONS IN THE PDX AREA ARE STILL TRYING TO CLARIFY THE SIT WITH THE PDX POLICE. THE PVT AGREEMENT THAT WAS WORKED OUT THERE HAS BEEN USED NATIONWIDE AS A MODEL AGREEMENT.

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.