Narrative:

Our news helicopter and 2 others were dispatched to a traffic incident 35 mi west of abq on I-40. During operations over site, police realized an officer had been killed and requested a tfr (temporary flight restr) of 5000 ft AGL to prevent aerial photos. Our helicopter was in uncontrolled airspace and unaware of declaration, neither police nor FAA had contact with us to advise us. We believe this tfr (temporary flight restr) was granted in violation of 91.137(a)(1) which requires there to be a 'hazard' on the surface from which aircraft crews must be protected. Our 3 aircraft were in constant contact with each other. In any case, the procedure for granting a tfr (temporary flight restr) and advising aircraft already in that airspace did not function and technically created a violation of far's, inadvertently. The lack of guidelines for the FAA, in determining what types of tfr's (temporary flight restr) to grant, and procedures for notifying aircraft in such airspace could lead to more inadvertent violations.

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Original NASA ASRS Text

Title: NEWS MEDIA HELIS OBSERVING TFC ACCIDENT ON MAJOR HWY LEARNED AFTER THE FACT THAT THE AREA HAD BEEN DESIGNATED A TEMPORARY FLT RESTR AREA DUE TO THE ACCIDENTAL DEATH OF A LAW ENFORCEMENT OFFICER.

Narrative: OUR NEWS HELI AND 2 OTHERS WERE DISPATCHED TO A TFC INCIDENT 35 MI W OF ABQ ON I-40. DURING OPS OVER SITE, POLICE REALIZED AN OFFICER HAD BEEN KILLED AND REQUESTED A TFR (TEMPORARY FLT RESTR) OF 5000 FT AGL TO PREVENT AERIAL PHOTOS. OUR HELI WAS IN UNCTLED AIRSPACE AND UNAWARE OF DECLARATION, NEITHER POLICE NOR FAA HAD CONTACT WITH US TO ADVISE US. WE BELIEVE THIS TFR (TEMPORARY FLT RESTR) WAS GRANTED IN VIOLATION OF 91.137(A)(1) WHICH REQUIRES THERE TO BE A 'HAZARD' ON THE SURFACE FROM WHICH AIRCRAFT CREWS MUST BE PROTECTED. OUR 3 ACFT WERE IN CONSTANT CONTACT WITH EACH OTHER. IN ANY CASE, THE PROC FOR GRANTING A TFR (TEMPORARY FLT RESTR) AND ADVISING ACFT ALREADY IN THAT AIRSPACE DID NOT FUNCTION AND TECHNICALLY CREATED A VIOLATION OF FAR'S, INADVERTENTLY. THE LACK OF GUIDELINES FOR THE FAA, IN DETERMINING WHAT TYPES OF TFR'S (TEMPORARY FLT RESTR) TO GRANT, AND PROCS FOR NOTIFYING ACFT IN SUCH AIRSPACE COULD LEAD TO MORE INADVERTENT VIOLATIONS.

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.