Narrative:

Flight was departing hpn on the published SID for runway 16. The WX was about 800 scattered with higher clouds and good visibility clear of clouds. I was the PF. On takeoff the SID calls for a climbing turn to 320 degrees leaving 800 ft MSL. At about 900 ft I began the turn as the hpn tower gave us the handoff to ny departure control. As he did, he said we had a helicopter at about our 2 O'clock position and 2 mi at 1800 ft. By this time we were in the turn and had gone IMC in a low clouds, and was climbing about 1000 FPM. Out TCASII called 'traffic -- traffic' and the helicopter target was showing at our 1 O'clock at plus zero 2, 200 ft above us and less than a mi. It appeared we were turning right into him and all I could think of to do was try to get above him, due to our current rate of climb. We finally popped out of our cloud and the helicopter was passing us at our 1:30 position about 200 ft below us. I could not believe that the tower had let us turn right toward the helicopter! This event was such a close call under the circumstances (we were in the clouds!) that I completely ignored our non-standard departure instructions. The normal SID calls for a climb to 3000 ft and we had been given maintain 2000 ft. By the time we were clear of the cloud and saw the chopper, I was almost at 3000 ft. I must admit I was very upset with ATC and let them know that in no uncertain terms. I indicated to departure control that I wanted a near miss filed on this and that I intended to write it up. I have done so and turned it in to my company. It's up to them whether or not to pursue it. I realize I have incriminated myself by admitting I have violated my altitude clearance, but ATC did not mention it and I don't think we were close to any other traffic except the helicopter which was VFR??? My biggest reason for this report is that this is the 4TH time I have had a near miss in the hpn air traffic area. Once at night on final approach below 1500 ft an unidented aircraft passed in front of us while we were on final approach to runway 16. The tower said nothing. On a 2ND occasion, on the same SID as in this report, I had to take evasive action to avoid a VFR light aircraft during my climbing turn. He was inbound from the bridge to enter the right downwind leg runway 16. The tower did not advise either aircraft about the possible conflict! On another occasion , we were on the base leg inbound to runway 34 and was over the city. The tower did issue traffic this time - however very late. A cessna 'over the city on a photo flight.' on this occasion we did not see the traffic until the TCASII gave us a RA and we climbed. He passed right under us about 200 ft. My whole point -- I think hpn tower is very lax in their separation standards!!!

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Original NASA ASRS Text

Title: COMMUTER ON CLB, ON SID HAS TCASII ALERT.

Narrative: FLT WAS DEPARTING HPN ON THE PUBLISHED SID FOR RWY 16. THE WX WAS ABOUT 800 SCATTERED WITH HIGHER CLOUDS AND GOOD VISIBILITY CLR OF CLOUDS. I WAS THE PF. ON TKOF THE SID CALLS FOR A CLBING TURN TO 320 DEGS LEAVING 800 FT MSL. AT ABOUT 900 FT I BEGAN THE TURN AS THE HPN TWR GAVE US THE HDOF TO NY DEP CTL. AS HE DID, HE SAID WE HAD A HELI AT ABOUT OUR 2 O'CLOCK POS AND 2 MI AT 1800 FT. BY THIS TIME WE WERE IN THE TURN AND HAD GONE IMC IN A LOW CLOUDS, AND WAS CLBING ABOUT 1000 FPM. OUT TCASII CALLED 'TFC -- TFC' AND THE HELI TARGET WAS SHOWING AT OUR 1 O'CLOCK AT PLUS ZERO 2, 200 FT ABOVE US AND LESS THAN A MI. IT APPEARED WE WERE TURNING RIGHT INTO HIM AND ALL I COULD THINK OF TO DO WAS TRY TO GET ABOVE HIM, DUE TO OUR CURRENT RATE OF CLB. WE FINALLY POPPED OUT OF OUR CLOUD AND THE HELI WAS PASSING US AT OUR 1:30 POS ABOUT 200 FT BELOW US. I COULD NOT BELIEVE THAT THE TWR HAD LET US TURN R TOWARD THE HELI! THIS EVENT WAS SUCH A CLOSE CALL UNDER THE CIRCUMSTANCES (WE WERE IN THE CLOUDS!) THAT I COMPLETELY IGNORED OUR NON-STANDARD DEP INSTRUCTIONS. THE NORMAL SID CALLS FOR A CLB TO 3000 FT AND WE HAD BEEN GIVEN MAINTAIN 2000 FT. BY THE TIME WE WERE CLR OF THE CLOUD AND SAW THE CHOPPER, I WAS ALMOST AT 3000 FT. I MUST ADMIT I WAS VERY UPSET WITH ATC AND LET THEM KNOW THAT IN NO UNCERTAIN TERMS. I INDICATED TO DEP CTL THAT I WANTED A NEAR MISS FILED ON THIS AND THAT I INTENDED TO WRITE IT UP. I HAVE DONE SO AND TURNED IT IN TO MY COMPANY. IT'S UP TO THEM WHETHER OR NOT TO PURSUE IT. I REALIZE I HAVE INCRIMINATED MYSELF BY ADMITTING I HAVE VIOLATED MY ALT CLRNC, BUT ATC DID NOT MENTION IT AND I DON'T THINK WE WERE CLOSE TO ANY OTHER TFC EXCEPT THE HELI WHICH WAS VFR??? MY BIGGEST REASON FOR THIS RPT IS THAT THIS IS THE 4TH TIME I HAVE HAD A NEAR MISS IN THE HPN ATA. ONCE AT NIGHT ON FINAL APCH BELOW 1500 FT AN UNIDENTED ACFT PASSED IN FRONT OF US WHILE WE WERE ON FINAL APCH TO RWY 16. THE TWR SAID NOTHING. ON A 2ND OCCASION, ON THE SAME SID AS IN THIS RPT, I HAD TO TAKE EVASIVE ACTION TO AVOID A VFR LIGHT ACFT DURING MY CLBING TURN. HE WAS INBOUND FROM THE BRIDGE TO ENTER THE R DOWNWIND LEG RWY 16. THE TWR DID NOT ADVISE EITHER ACFT ABOUT THE POSSIBLE CONFLICT! ON ANOTHER OCCASION , WE WERE ON THE BASE LEG INBOUND TO RWY 34 AND WAS OVER THE CITY. THE TWR DID ISSUE TFC THIS TIME - HOWEVER VERY LATE. A CESSNA 'OVER THE CITY ON A PHOTO FLT.' ON THIS OCCASION WE DID NOT SEE THE TFC UNTIL THE TCASII GAVE US A RA AND WE CLBED. HE PASSED RIGHT UNDER US ABOUT 200 FT. MY WHOLE POINT -- I THINK HPN TWR IS VERY LAX IN THEIR SEPARATION STANDARDS!!!

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.