Narrative:

I was on my way back from a tour flight. As I was reaching a known fix check point, opana point, a twin engine cessna was coming towards me head on. I had to dive to avoid a midair collision. This is a common occurrence that I have to dive or turn from an airplane with 6 people aboard my helicopter and the simple reason is the sfar ruling in hawaii. According to the sfar we must maintain 1500 ft over persons or property at all times. This is crazy. Again airplanes cannot see under their nose and we are constantly flying in the same airspace. It does not take a rocket scientist to see that we will have a midair collision sooner or later, remember that the rest of the united states under far 135 rules, the helicopter can fly over congested areas at 300 ft. That is why there are no midair collisions, there is lots of room to avoid one another. We must put a stop to this dangerous rule sfar 71 here in hawaii. This is the second time this happened to me in the same place, in the same day. I can't believe it, 2 near midairs in 1 day. We need separation between aircraft or at least the option to do it ourselves without the threat of being violated by the honolulu FSDO, and the more the violations to the pilots, the more pilots will worry about the sfar and not safety, just for the simple reason that they will get violated. If you ask any helicopter pilot they will say the same thing. I also feel that the hawaiian helicopter crash here in maui, hi, that killed the 7 people last year, that the sfar 71 forced the pilot to remain higher than he should have. If he was allowed to get lower, he would not have lost reference to the ground. Even the crash on kauai, hi, could have been avoided. And guess what the NTSB uses, the honolulu FSDO to help in the investigation, the same guys that implemented the law. Do you think that they will admit to the common sense of FAA pressure on a pilot, as he avoids being violated. There is enough going on out there than to be forced into a congested airspace caused by the sfar 71. I hope that someone hears our cry for help! Callback conversation with reporter revealed the following information: reporter stated that he has many other similar instances that happen on almost a daily basis. Therefore, he and other company pilots have met with the FAA FSDO aviation safety manager and have submitted a written statement covering this problem. He hopes that some relief to some altitude fixes during departure and arrival will help relieve this problem. He desires also to have some relief from the 1500 ft minimum altitude when the ceiling is close to 1500 ft AGL since it is usually clear underneath the ceiling and yet flying near the cloud layer results in all aircraft in the area being at the same altitude. In addition, he clarified the cessna aircraft as a twin operated by one of the other local air tour operators.

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Original NASA ASRS Text

Title: NMAC BTWN AN AS350 AIR TOUR HELI AND A TWIN ENG CESSNA DURING A VFR HAWAIIAN SIGHTSEEING FLT.

Narrative: I WAS ON MY WAY BACK FROM A TOUR FLT. AS I WAS REACHING A KNOWN FIX CHK POINT, OPANA POINT, A TWIN ENG CESSNA WAS COMING TOWARDS ME HEAD ON. I HAD TO DIVE TO AVOID A MIDAIR COLLISION. THIS IS A COMMON OCCURRENCE THAT I HAVE TO DIVE OR TURN FROM AN AIRPLANE WITH 6 PEOPLE ABOARD MY HELI AND THE SIMPLE REASON IS THE SFAR RULING IN HAWAII. ACCORDING TO THE SFAR WE MUST MAINTAIN 1500 FT OVER PERSONS OR PROPERTY AT ALL TIMES. THIS IS CRAZY. AGAIN AIRPLANES CANNOT SEE UNDER THEIR NOSE AND WE ARE CONSTANTLY FLYING IN THE SAME AIRSPACE. IT DOES NOT TAKE A ROCKET SCIENTIST TO SEE THAT WE WILL HAVE A MIDAIR COLLISION SOONER OR LATER, REMEMBER THAT THE REST OF THE UNITED STATES UNDER FAR 135 RULES, THE HELI CAN FLY OVER CONGESTED AREAS AT 300 FT. THAT IS WHY THERE ARE NO MIDAIR COLLISIONS, THERE IS LOTS OF ROOM TO AVOID ONE ANOTHER. WE MUST PUT A STOP TO THIS DANGEROUS RULE SFAR 71 HERE IN HAWAII. THIS IS THE SECOND TIME THIS HAPPENED TO ME IN THE SAME PLACE, IN THE SAME DAY. I CAN'T BELIEVE IT, 2 NEAR MIDAIRS IN 1 DAY. WE NEED SEPARATION BTWN ACFT OR AT LEAST THE OPTION TO DO IT OURSELVES WITHOUT THE THREAT OF BEING VIOLATED BY THE HONOLULU FSDO, AND THE MORE THE VIOLATIONS TO THE PLTS, THE MORE PLTS WILL WORRY ABOUT THE SFAR AND NOT SAFETY, JUST FOR THE SIMPLE REASON THAT THEY WILL GET VIOLATED. IF YOU ASK ANY HELI PLT THEY WILL SAY THE SAME THING. I ALSO FEEL THAT THE HAWAIIAN HELI CRASH HERE IN MAUI, HI, THAT KILLED THE 7 PEOPLE LAST YEAR, THAT THE SFAR 71 FORCED THE PLT TO REMAIN HIGHER THAN HE SHOULD HAVE. IF HE WAS ALLOWED TO GET LOWER, HE WOULD NOT HAVE LOST REF TO THE GND. EVEN THE CRASH ON KAUAI, HI, COULD HAVE BEEN AVOIDED. AND GUESS WHAT THE NTSB USES, THE HONOLULU FSDO TO HELP IN THE INVESTIGATION, THE SAME GUYS THAT IMPLEMENTED THE LAW. DO YOU THINK THAT THEY WILL ADMIT TO THE COMMON SENSE OF FAA PRESSURE ON A PLT, AS HE AVOIDS BEING VIOLATED. THERE IS ENOUGH GOING ON OUT THERE THAN TO BE FORCED INTO A CONGESTED AIRSPACE CAUSED BY THE SFAR 71. I HOPE THAT SOMEONE HEARS OUR CRY FOR HELP! CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: RPTR STATED THAT HE HAS MANY OTHER SIMILAR INSTANCES THAT HAPPEN ON ALMOST A DAILY BASIS. THEREFORE, HE AND OTHER COMPANY PLTS HAVE MET WITH THE FAA FSDO AVIATION SAFETY MGR AND HAVE SUBMITTED A WRITTEN STATEMENT COVERING THIS PROB. HE HOPES THAT SOME RELIEF TO SOME ALT FIXES DURING DEP AND ARR WILL HELP RELIEVE THIS PROB. HE DESIRES ALSO TO HAVE SOME RELIEF FROM THE 1500 FT MINIMUM ALT WHEN THE CEILING IS CLOSE TO 1500 FT AGL SINCE IT IS USUALLY CLR UNDERNEATH THE CEILING AND YET FLYING NEAR THE CLOUD LAYER RESULTS IN ALL ACFT IN THE AREA BEING AT THE SAME ALT. IN ADDITION, HE CLARIFIED THE CESSNA ACFT AS A TWIN OPERATED BY ONE OF THE OTHER LCL AIR TOUR OPERATORS.

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.