Narrative:

I was on a helicopter tour flight with 6 passenger on board returning from the island of molokai. I just had switched frequencys from kapalua to maui when a twin engine airplane flew directly over the top of me on a descent within 300 ft. He did not see me or hear me. The twin engine airplane was totally flying blind. After passing me, I heard him contact ogg tower. He was not even on any frequencys with me. The ceiling was 2500 ft and sloping to 1500 ft. The twin engine airplane was descending rapidly, which was a bad situation, that I could not do anything about. Yet, the law under the sfar 71 in the state of hawaii, states that I must remain 1500 ft over homes and 1000 ft in our transition areas and shorelines. The honolulu flight standard district office has a special team to look for violations. Believe me when I say they are using all their resources to violate pilots in hawaii for their benefit. Think about it. This is a great reason to show justification of the sfar 71 by violating and giving out loi's. In fact, the more the better. But nevertheless, here I am obeying the law and almost got killed with 6 other people. This is a perfect reason why the hawaii sfar 71 rule is a grave danger to the tour industry. Whether or not noise is an issue, good judgement in rule making should be adhered to. Helicopter's must be more flexible and have lower altitudes. Just like the rest of the world, helicopter's operate at lower altitudes and under normal 135 rules. If this were so in hawaii, this near fatality would never have happened to me. Remember, helicopter's move slower and make more frequent turns. Someone has to do something about the sfar 71 altitudes for helicopter's in the state of hawaii before we have a midair collision. I don't want to fly in front of an airplane that can't see and is moving much faster than me. I am tired of being forced to fly under an unsafe and dangerous law.

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Original NASA ASRS Text

Title: NMAC BTWN A TOUR AS350 HELI AND A DSNDING TWIN ABOUT 10 NM FROM OGG, HI.

Narrative: I WAS ON A HELI TOUR FLT WITH 6 PAX ON BOARD RETURNING FROM THE ISLAND OF MOLOKAI. I JUST HAD SWITCHED FREQS FROM KAPALUA TO MAUI WHEN A TWIN ENG AIRPLANE FLEW DIRECTLY OVER THE TOP OF ME ON A DSCNT WITHIN 300 FT. HE DID NOT SEE ME OR HEAR ME. THE TWIN ENG AIRPLANE WAS TOTALLY FLYING BLIND. AFTER PASSING ME, I HEARD HIM CONTACT OGG TWR. HE WAS NOT EVEN ON ANY FREQS WITH ME. THE CEILING WAS 2500 FT AND SLOPING TO 1500 FT. THE TWIN ENG AIRPLANE WAS DSNDING RAPIDLY, WHICH WAS A BAD SIT, THAT I COULD NOT DO ANYTHING ABOUT. YET, THE LAW UNDER THE SFAR 71 IN THE STATE OF HAWAII, STATES THAT I MUST REMAIN 1500 FT OVER HOMES AND 1000 FT IN OUR TRANSITION AREAS AND SHORELINES. THE HONOLULU FLT STANDARD DISTRICT OFFICE HAS A SPECIAL TEAM TO LOOK FOR VIOLATIONS. BELIEVE ME WHEN I SAY THEY ARE USING ALL THEIR RESOURCES TO VIOLATE PLTS IN HAWAII FOR THEIR BENEFIT. THINK ABOUT IT. THIS IS A GREAT REASON TO SHOW JUSTIFICATION OF THE SFAR 71 BY VIOLATING AND GIVING OUT LOI'S. IN FACT, THE MORE THE BETTER. BUT NEVERTHELESS, HERE I AM OBEYING THE LAW AND ALMOST GOT KILLED WITH 6 OTHER PEOPLE. THIS IS A PERFECT REASON WHY THE HAWAII SFAR 71 RULE IS A GRAVE DANGER TO THE TOUR INDUSTRY. WHETHER OR NOT NOISE IS AN ISSUE, GOOD JUDGEMENT IN RULE MAKING SHOULD BE ADHERED TO. HELI'S MUST BE MORE FLEXIBLE AND HAVE LOWER ALTS. JUST LIKE THE REST OF THE WORLD, HELI'S OPERATE AT LOWER ALTS AND UNDER NORMAL 135 RULES. IF THIS WERE SO IN HAWAII, THIS NEAR FATALITY WOULD NEVER HAVE HAPPENED TO ME. REMEMBER, HELI'S MOVE SLOWER AND MAKE MORE FREQUENT TURNS. SOMEONE HAS TO DO SOMETHING ABOUT THE SFAR 71 ALTS FOR HELI'S IN THE STATE OF HAWAII BEFORE WE HAVE A MIDAIR COLLISION. I DON'T WANT TO FLY IN FRONT OF AN AIRPLANE THAT CAN'T SEE AND IS MOVING MUCH FASTER THAN ME. I AM TIRED OF BEING FORCED TO FLY UNDER AN UNSAFE AND DANGEROUS LAW.

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.