Narrative:

Tower cleared my aircraft for departure, runway 5R, right turn to 110 degrees, climb and maintain 2000', begin right turn as soon as speed and altitude permit. At 200' AGL a right climbing turn was commenced. At an indicated altitude of between 1000' and 1500' MSL a helicopter that was overflying the airport east to west (opp direction) appeared off my right wing at a distance of approximately 200' horizontal and at my altitude. He made a slight evasive maneuver away from my aircraft. A private pilot in the right seat observed that the helicopter was also 100-200' from my aircraft. I keyed the microphone and said 'that wasn't a very good traffic call.' (the helicopter had not been called to me as traffic.) I was then turned over and reported in to departure control who immediately called another aircraft to me as traffic. My pilot/passenger and I looked for that traffic as the climb to 2000' MSL continued. The departure controller was very busy. I then asked for a right turn 'out of here,' which brought the response, 'right turn to 110 degrees at 2000'.' I reported level and established and re-requested a right turn. At the next transmission I requested 'return to tower frequency when available.' I was allowed to go to tower where I reported 'a near miss with a helicopter.' that was acknowledged. I returned to departure and apologized for needing to leave the frequency, as I had to report a near miss with a helicopter. I continued along my flight plan route as to heading and altitude direct and up to 8000'. Then departure control and I had a series of xmissions about the tower needing to call me via telephone to discuss the incident. We agreed on a time and phone # for next morning. At the appointed time the control working me, and the tower supervisor at that time, called to apologize for his error. He said that I was in no way at fault, that I had complied totally with his clearance. His apology was for not calling the traffic, which he idented as a EMS helicopter, as he was in full knowledge of its position and direction of flight. He was not in communication with the helicopter. He said he was changing runways at that time, and was too busy getting aircraft off for the change at the time of the conflict. He said he was scared for quite a long time after the experience, as was I. He repeated that I was not at fault. He said he would fill out a report with the tower chief on mon morning. Upon returning from my trip I called the principal operations inspector at the FAA to get this NASA form. He also took a report over the telephone and he assured me that there would be an internal investigation. On mon at mid-day, tower chief came unannounced to my place of business to personally apologize for the unexcused seriousness of the incident. He explained that controller had been decertified, retrained, retested and recertified. He also explained the proposed changes in procedures: overflying helicopters well begin a procedure change of now talking to the tower, not just approach and departure on overflts, and will be overflying the approach end of the active runway. He also said the radar screen didn't show the conflict as we were too close to the radar antenna. He said also that I was not at fault in this incident, that I was not provided any sep.

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Original NASA ASRS Text

Title: NMAC BETWEEN GA-SMA AND A SMALL EMS HELICOPTER. OPERATIONAL ERROR.

Narrative: TWR CLRED MY ACFT FOR DEP, RWY 5R, RIGHT TURN TO 110 DEGS, CLB AND MAINTAIN 2000', BEGIN RIGHT TURN AS SOON AS SPD AND ALT PERMIT. AT 200' AGL A RIGHT CLBING TURN WAS COMMENCED. AT AN INDICATED ALT OF BTWN 1000' AND 1500' MSL A HELI THAT WAS OVERFLYING THE ARPT E TO W (OPP DIRECTION) APPEARED OFF MY RIGHT WING AT A DISTANCE OF APPROX 200' HORIZ AND AT MY ALT. HE MADE A SLIGHT EVASIVE MANEUVER AWAY FROM MY ACFT. A PVT PLT IN THE RIGHT SEAT OBSERVED THAT THE HELI WAS ALSO 100-200' FROM MY ACFT. I KEYED THE MIC AND SAID 'THAT WASN'T A VERY GOOD TFC CALL.' (THE HELI HAD NOT BEEN CALLED TO ME AS TFC.) I WAS THEN TURNED OVER AND RPTED IN TO DEP CTL WHO IMMEDIATELY CALLED ANOTHER ACFT TO ME AS TFC. MY PLT/PAX AND I LOOKED FOR THAT TFC AS THE CLB TO 2000' MSL CONTINUED. THE DEP CTLR WAS VERY BUSY. I THEN ASKED FOR A RIGHT TURN 'OUT OF HERE,' WHICH BROUGHT THE RESPONSE, 'RIGHT TURN TO 110 DEGS AT 2000'.' I RPTED LEVEL AND ESTABLISHED AND RE-REQUESTED A RIGHT TURN. AT THE NEXT XMISSION I REQUESTED 'RETURN TO TWR FREQ WHEN AVAILABLE.' I WAS ALLOWED TO GO TO TWR WHERE I RPTED 'A NEAR MISS WITH A HELI.' THAT WAS ACKNOWLEDGED. I RETURNED TO DEP AND APOLOGIZED FOR NEEDING TO LEAVE THE FREQ, AS I HAD TO RPT A NEAR MISS WITH A HELI. I CONTINUED ALONG MY FLT PLAN ROUTE AS TO HDG AND ALT DIRECT AND UP TO 8000'. THEN DEP CTL AND I HAD A SERIES OF XMISSIONS ABOUT THE TWR NEEDING TO CALL ME VIA TELEPHONE TO DISCUSS THE INCIDENT. WE AGREED ON A TIME AND PHONE # FOR NEXT MORNING. AT THE APPOINTED TIME THE CTL WORKING ME, AND THE TWR SUPVR AT THAT TIME, CALLED TO APOLOGIZE FOR HIS ERROR. HE SAID THAT I WAS IN NO WAY AT FAULT, THAT I HAD COMPLIED TOTALLY WITH HIS CLRNC. HIS APOLOGY WAS FOR NOT CALLING THE TFC, WHICH HE IDENTED AS A EMS HELI, AS HE WAS IN FULL KNOWLEDGE OF ITS POS AND DIRECTION OF FLT. HE WAS NOT IN COM WITH THE HELI. HE SAID HE WAS CHANGING RWYS AT THAT TIME, AND WAS TOO BUSY GETTING ACFT OFF FOR THE CHANGE AT THE TIME OF THE CONFLICT. HE SAID HE WAS SCARED FOR QUITE A LONG TIME AFTER THE EXPERIENCE, AS WAS I. HE REPEATED THAT I WAS NOT AT FAULT. HE SAID HE WOULD FILL OUT A RPT WITH THE TWR CHIEF ON MON MORNING. UPON RETURNING FROM MY TRIP I CALLED THE PRINCIPAL OPS INSPECTOR AT THE FAA TO GET THIS NASA FORM. HE ALSO TOOK A RPT OVER THE TELEPHONE AND HE ASSURED ME THAT THERE WOULD BE AN INTERNAL INVESTIGATION. ON MON AT MID-DAY, TWR CHIEF CAME UNANNOUNCED TO MY PLACE OF BUSINESS TO PERSONALLY APOLOGIZE FOR THE UNEXCUSED SERIOUSNESS OF THE INCIDENT. HE EXPLAINED THAT CTLR HAD BEEN DECERTIFIED, RETRAINED, RETESTED AND RECERTIFIED. HE ALSO EXPLAINED THE PROPOSED CHANGES IN PROCS: OVERFLYING HELIS WELL BEGIN A PROC CHANGE OF NOW TALKING TO THE TWR, NOT JUST APCH AND DEP ON OVERFLTS, AND WILL BE OVERFLYING THE APCH END OF THE ACTIVE RWY. HE ALSO SAID THE RADAR SCREEN DIDN'T SHOW THE CONFLICT AS WE WERE TOO CLOSE TO THE RADAR ANTENNA. HE SAID ALSO THAT I WAS NOT AT FAULT IN THIS INCIDENT, THAT I WAS NOT PROVIDED ANY SEP.

Data retrieved from NASA's ASRS site as of August 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.