Narrative:

This is a cya report for a non event. A pilot of another aircraft may have accused me of an far violation but no violation occurred. The flight was from bur to pao with some WX en route. The planned route was gmn ave rom sjc, but there were low ceilings and mountain obscurement from ave north IFR was not an attractive option due to low freezing levels (not de- ice equipped). I diverted west from a point about 5 NM south of ave, continuing northwest towards sns. Continuous contact was maintained with ATC for flight following. Visibilities were good throughout the flight but with occasional reduced visibility in rain but still good VFR. Contact was established with monterey approach from a point southeast of sns. After about 20 mi, approach called traffic at approximately 2500 ft as a military helicopter, same direction of flight (north along hills east of sns). I had visual contact at about 1 mi and passed to his right by at least 1/4 mi and 500 ft above. On passing this traffic I noticed a second helicopter at 12 O'clock position and the same altitude as the first helicopter. Approximately distance was 1/2 - 3/4 NM. I was already making a small course correction for separation when monterey called him as traffic. There was some conversation between the helicopters and monterey about formation flight rules -- on UHF -- I only heard 1 side as monterey was transmitting on UHF but the helicopters were not. About the time I passed the second helicopter, there was additional conversation by approach with one of the helicopters. It seemed that one of the pilots was reporting an aircraft flying in and out of clouds, and the status of that aircraft's flight plan (VFR or IFR). About 5-10 mins later, monterey asked for my flight condition, which I reported as VFR, ceiling about 4000 ft with ragged bases, visibility generally greater than 10 with some rain. Monterey advised me to maintain VFR. At this point I wondered whether the helicopter pilot had reported that I was flying into the clouds. I can't imagine why he'd say that as I was well below the clouds at all times and had both helicopters in clear sight. The helicopters were in formation at about 3/4 - 1 mi in trail, and I did pass closer to them than they were to each other, but I was also 500 ft higher. Perhaps they were annoyed by this -- I don't know. In any case, the discussion concerned me, hence this report. So what do you call this? There were no far violations, but either a malicious or erroneous report may have been filed with ATC or an FSDO.

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Original NASA ASRS Text

Title: PLT OF SMA CONCERNED THAT A MIL FLC RPTED HIM AS VFR IN IMC.

Narrative: THIS IS A CYA RPT FOR A NON EVENT. A PLT OF ANOTHER ACFT MAY HAVE ACCUSED ME OF AN FAR VIOLATION BUT NO VIOLATION OCCURRED. THE FLT WAS FROM BUR TO PAO WITH SOME WX ENRTE. THE PLANNED RTE WAS GMN AVE ROM SJC, BUT THERE WERE LOW CEILINGS AND MOUNTAIN OBSCUREMENT FROM AVE N IFR WAS NOT AN ATTRACTIVE OPTION DUE TO LOW FREEZING LEVELS (NOT DE- ICE EQUIPPED). I DIVERTED W FROM A POINT ABOUT 5 NM S OF AVE, CONTINUING NW TOWARDS SNS. CONTINUOUS CONTACT WAS MAINTAINED WITH ATC FOR FLT FOLLOWING. VISIBILITIES WERE GOOD THROUGHOUT THE FLT BUT WITH OCCASIONAL REDUCED VISIBILITY IN RAIN BUT STILL GOOD VFR. CONTACT WAS ESTABLISHED WITH MONTEREY APCH FROM A POINT SE OF SNS. AFTER ABOUT 20 MI, APCH CALLED TFC AT APPROX 2500 FT AS A MIL HELI, SAME DIRECTION OF FLT (N ALONG HILLS E OF SNS). I HAD VISUAL CONTACT AT ABOUT 1 MI AND PASSED TO HIS R BY AT LEAST 1/4 MI AND 500 FT ABOVE. ON PASSING THIS TFC I NOTICED A SECOND HELI AT 12 O'CLOCK POS AND THE SAME ALT AS THE FIRST HELI. APPROX DISTANCE WAS 1/2 - 3/4 NM. I WAS ALREADY MAKING A SMALL COURSE CORRECTION FOR SEPARATION WHEN MONTEREY CALLED HIM AS TFC. THERE WAS SOME CONVERSATION BTWN THE HELIS AND MONTEREY ABOUT FORMATION FLT RULES -- ON UHF -- I ONLY HEARD 1 SIDE AS MONTEREY WAS XMITTING ON UHF BUT THE HELIS WERE NOT. ABOUT THE TIME I PASSED THE SECOND HELI, THERE WAS ADDITIONAL CONVERSATION BY APCH WITH ONE OF THE HELIS. IT SEEMED THAT ONE OF THE PLTS WAS RPTING AN ACFT FLYING IN AND OUT OF CLOUDS, AND THE STATUS OF THAT ACFT'S FLT PLAN (VFR OR IFR). ABOUT 5-10 MINS LATER, MONTEREY ASKED FOR MY FLT CONDITION, WHICH I RPTED AS VFR, CEILING ABOUT 4000 FT WITH RAGGED BASES, VISIBILITY GENERALLY GREATER THAN 10 WITH SOME RAIN. MONTEREY ADVISED ME TO MAINTAIN VFR. AT THIS POINT I WONDERED WHETHER THE HELI PLT HAD RPTED THAT I WAS FLYING INTO THE CLOUDS. I CAN'T IMAGINE WHY HE'D SAY THAT AS I WAS WELL BELOW THE CLOUDS AT ALL TIMES AND HAD BOTH HELIS IN CLR SIGHT. THE HELIS WERE IN FORMATION AT ABOUT 3/4 - 1 MI IN TRAIL, AND I DID PASS CLOSER TO THEM THAN THEY WERE TO EACH OTHER, BUT I WAS ALSO 500 FT HIGHER. PERHAPS THEY WERE ANNOYED BY THIS -- I DON'T KNOW. IN ANY CASE, THE DISCUSSION CONCERNED ME, HENCE THIS RPT. SO WHAT DO YOU CALL THIS? THERE WERE NO FAR VIOLATIONS, BUT EITHER A MALICIOUS OR ERRONEOUS RPT MAY HAVE BEEN FILED WITH ATC OR AN FSDO.

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.