Narrative:

I am a helicopter pilot operating far part 135 flts in and around the hawaiian islands. I have been operating in this location for the past 1 1/2 yrs and have flown over 1000 tour flts in hawaii. My total flight time is approximately 5200 hours (1700+ hours in military fighters, 2000+ hours military helicopters, and about 1500+ hours of commercial helicopters). I have never had an accident, incident or violation in my professional career. On nov/xa/99, I was conducting a tour flight as captain of an a-star (AS350) helicopter. I started the far part 135 (sfar 71) tour flight with 5 passenger on board. I conducted the entire 1.7 hour tour flight as per the far part 135 and sfar 71 regulations. After completion of flying in the tour sites, while returning for landing at the original departure airport (5 mins flying time to landing) one of the passenger on board tells me on the intercom 'XXXX (my name), everything so far was good, you have the FAA on board and you are in violation for enforcement because you are flying too close to the cloud.' I was shocked and surprised at this statement. At this time I was climbing out of the sfar 71 deviation sites and was at about 700 ft AGL and the nearest and only cloud (scattered) in the vicinity of the flight path was in excess of 1 mi to my left. The flight path had visibility of over 15 mi and I was flying over mountainous terrain at this time. I immediately told him 'which cloud are you talking about, sir?' the FAA official started arguing with me saying that he has taken a photo of the cloud and that he could prove that I was flying closer to the cloud than the minimums required for the flight. My passenger were all surprised and shocked by the way the FAA official was heavy-handedly arguing with me for no reason. By now I was 3 mi to the airport of landing and the FAA official was still talking to me until I finally told him that I needed silence during approach and landing. After landing, the official revealed his identity and asked me for my license. In the meantime, one more FAA official, who was waiting at the airport, walks up and starts noting down the details of the aircraft and my license. The FAA official talks to the company chief pilot and tells him that he has flown many tours in helicopters and this one was the best and safest flight he ever had. He then mentions that he had to violate me because I did not maintain the required cloud clearance. It was an annoying and horrifying incident for the passenger and me. It seemed like the FAA official boarded the flight without identing himself as FAA with intentions to violate me, in any case. Through the complete 1.7 hour flight, he could not find any fault with me so he used the most silly and ambiguous reason to throw a violation on me during the last 5 mins of the tour. Among the passenger on board were 2 helicopter pilots who were on vacation in hawaii. One with an ATP helicopter rating and the other a former standardization pilot for FAA. Both of them were seemingly annoyed at this whole incident and the way the FAA official made up a reason to violate me. They also found that the FAA official created a dangerous flight situation by distracting my attention while I was flying in mountainous terrain, arguing with me during the flight and while I was descending for landing. As the PIC, I had to tell him that I needed silence for approach and landing. I personally feel that I am being made a scapegoat in the power display of the FAA in their ongoing discriminative approach towards this specific company that I am employed with. By creating this incident, and falsely accusing me, the FAA official who was on board diverted my complete attention while I was flying single pilot VFR in mountainous terrain and made it an extremely dangerous flight condition. I would like to request you to make the needed efforts to stop such activities by personnel of the FAA, who are supposed to make flts safer and not dangerous as in this instance. Callback conversation with reporter revealed the following information: reporter stated that he had received a letter of investigation from the FAA regarding flying too close to not only the clouds, but also the ground, and aircraft overweight condition (regarding sfar 71). He was very unhappy with the way that the inspector discussed this matter over the intercom with the other passenger listening and the fact that he did not debrief after the flight with the other concerns he noted in the investigation letter.

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Original NASA ASRS Text

Title: PLT OF AN AEROSPATIALE A-STAR 350 WAS ACCUSED BY AN FAA INSPECTOR OF FLYING TOO CLOSE TO CLOUDS WHILE CLBING OUT FROM A MOUNTAINOUS AREA IN THE HAWAIIAN ISLANDS DURING A PAX TOUR.

Narrative: I AM A HELI PLT OPERATING FAR PART 135 FLTS IN AND AROUND THE HAWAIIAN ISLANDS. I HAVE BEEN OPERATING IN THIS LOCATION FOR THE PAST 1 1/2 YRS AND HAVE FLOWN OVER 1000 TOUR FLTS IN HAWAII. MY TOTAL FLT TIME IS APPROX 5200 HRS (1700+ HRS IN MIL FIGHTERS, 2000+ HRS MIL HELIS, AND ABOUT 1500+ HRS OF COMMERCIAL HELIS). I HAVE NEVER HAD AN ACCIDENT, INCIDENT OR VIOLATION IN MY PROFESSIONAL CAREER. ON NOV/XA/99, I WAS CONDUCTING A TOUR FLT AS CAPT OF AN A-STAR (AS350) HELI. I STARTED THE FAR PART 135 (SFAR 71) TOUR FLT WITH 5 PAX ON BOARD. I CONDUCTED THE ENTIRE 1.7 HR TOUR FLT AS PER THE FAR PART 135 AND SFAR 71 REGS. AFTER COMPLETION OF FLYING IN THE TOUR SITES, WHILE RETURNING FOR LNDG AT THE ORIGINAL DEP ARPT (5 MINS FLYING TIME TO LNDG) ONE OF THE PAX ON BOARD TELLS ME ON THE INTERCOM 'XXXX (MY NAME), EVERYTHING SO FAR WAS GOOD, YOU HAVE THE FAA ON BOARD AND YOU ARE IN VIOLATION FOR ENFORCEMENT BECAUSE YOU ARE FLYING TOO CLOSE TO THE CLOUD.' I WAS SHOCKED AND SURPRISED AT THIS STATEMENT. AT THIS TIME I WAS CLBING OUT OF THE SFAR 71 DEV SITES AND WAS AT ABOUT 700 FT AGL AND THE NEAREST AND ONLY CLOUD (SCATTERED) IN THE VICINITY OF THE FLT PATH WAS IN EXCESS OF 1 MI TO MY L. THE FLT PATH HAD VISIBILITY OF OVER 15 MI AND I WAS FLYING OVER MOUNTAINOUS TERRAIN AT THIS TIME. I IMMEDIATELY TOLD HIM 'WHICH CLOUD ARE YOU TALKING ABOUT, SIR?' THE FAA OFFICIAL STARTED ARGUING WITH ME SAYING THAT HE HAS TAKEN A PHOTO OF THE CLOUD AND THAT HE COULD PROVE THAT I WAS FLYING CLOSER TO THE CLOUD THAN THE MINIMUMS REQUIRED FOR THE FLT. MY PAX WERE ALL SURPRISED AND SHOCKED BY THE WAY THE FAA OFFICIAL WAS HEAVY-HANDEDLY ARGUING WITH ME FOR NO REASON. BY NOW I WAS 3 MI TO THE ARPT OF LNDG AND THE FAA OFFICIAL WAS STILL TALKING TO ME UNTIL I FINALLY TOLD HIM THAT I NEEDED SILENCE DURING APCH AND LNDG. AFTER LNDG, THE OFFICIAL REVEALED HIS IDENTITY AND ASKED ME FOR MY LICENSE. IN THE MEANTIME, ONE MORE FAA OFFICIAL, WHO WAS WAITING AT THE ARPT, WALKS UP AND STARTS NOTING DOWN THE DETAILS OF THE ACFT AND MY LICENSE. THE FAA OFFICIAL TALKS TO THE COMPANY CHIEF PLT AND TELLS HIM THAT HE HAS FLOWN MANY TOURS IN HELIS AND THIS ONE WAS THE BEST AND SAFEST FLT HE EVER HAD. HE THEN MENTIONS THAT HE HAD TO VIOLATE ME BECAUSE I DID NOT MAINTAIN THE REQUIRED CLOUD CLRNC. IT WAS AN ANNOYING AND HORRIFYING INCIDENT FOR THE PAX AND ME. IT SEEMED LIKE THE FAA OFFICIAL BOARDED THE FLT WITHOUT IDENTING HIMSELF AS FAA WITH INTENTIONS TO VIOLATE ME, IN ANY CASE. THROUGH THE COMPLETE 1.7 HR FLT, HE COULD NOT FIND ANY FAULT WITH ME SO HE USED THE MOST SILLY AND AMBIGUOUS REASON TO THROW A VIOLATION ON ME DURING THE LAST 5 MINS OF THE TOUR. AMONG THE PAX ON BOARD WERE 2 HELI PLTS WHO WERE ON VACATION IN HAWAII. ONE WITH AN ATP HELI RATING AND THE OTHER A FORMER STANDARDIZATION PLT FOR FAA. BOTH OF THEM WERE SEEMINGLY ANNOYED AT THIS WHOLE INCIDENT AND THE WAY THE FAA OFFICIAL MADE UP A REASON TO VIOLATE ME. THEY ALSO FOUND THAT THE FAA OFFICIAL CREATED A DANGEROUS FLT SIT BY DISTRACTING MY ATTN WHILE I WAS FLYING IN MOUNTAINOUS TERRAIN, ARGUING WITH ME DURING THE FLT AND WHILE I WAS DSNDING FOR LNDG. AS THE PIC, I HAD TO TELL HIM THAT I NEEDED SILENCE FOR APCH AND LNDG. I PERSONALLY FEEL THAT I AM BEING MADE A SCAPEGOAT IN THE PWR DISPLAY OF THE FAA IN THEIR ONGOING DISCRIMINATIVE APCH TOWARDS THIS SPECIFIC COMPANY THAT I AM EMPLOYED WITH. BY CREATING THIS INCIDENT, AND FALSELY ACCUSING ME, THE FAA OFFICIAL WHO WAS ON BOARD DIVERTED MY COMPLETE ATTN WHILE I WAS FLYING SINGLE PLT VFR IN MOUNTAINOUS TERRAIN AND MADE IT AN EXTREMELY DANGEROUS FLT CONDITION. I WOULD LIKE TO REQUEST YOU TO MAKE THE NEEDED EFFORTS TO STOP SUCH ACTIVITIES BY PERSONNEL OF THE FAA, WHO ARE SUPPOSED TO MAKE FLTS SAFER AND NOT DANGEROUS AS IN THIS INSTANCE. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: RPTR STATED THAT HE HAD RECEIVED A LETTER OF INVESTIGATION FROM THE FAA REGARDING FLYING TOO CLOSE TO NOT ONLY THE CLOUDS, BUT ALSO THE GND, AND ACFT OVERWT CONDITION (REGARDING SFAR 71). HE WAS VERY UNHAPPY WITH THE WAY THAT THE INSPECTOR DISCUSSED THIS MATTER OVER THE INTERCOM WITH THE OTHER PAX LISTENING AND THE FACT THAT HE DID NOT DEBRIEF AFTER THE FLT WITH THE OTHER CONCERNS HE NOTED IN THE INVESTIGATION LETTER.

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.