Narrative:

I was giving instruction on normal takeoff and landing procedures to my student in an airplane in the morning. The daytime skies were mostly clear and visibility was mostly unrestricted. Upon being cleared for takeoff on runway 26; we entered the runway and took off in a normal manner without delay; and then began a normal climbout at vy airspeed. While taking the runway; I heard the tower controller clear a helicopter for takeoff from the helipad with instructions to depart to the south. Upon climbing out through approximately 200 ft AGL straight along the runway heading; we encountered the helicopter climbing toward us on a magnetic course of approximately 140 degrees. I was able to estimate this heading based on our position abeam the control tower at that time; and the converging flight path of the helicopter. I estimate the horizontal and vertical distances at the moment of the encounter to be 250 ft and 50 ft respectively. While instantly judging the speed and course of the helicopter; I determined that an inflight collision might be possible if the helicopter were to adhere to ordinary right-of-way rules by turning to the right if they did not have us in sight and since I was almost abeam the converging helicopter at that time; I had no choice but to execute a steep diving spiral to the left away from the helicopter; in the direction of; and counterclockwise around the control tower to evade any unpredictable movements of the helicopter. The tower controller had simultaneously directed us to turn to the right; presumably in accordance with right-of-way rules; but had we turned to the right in an effort to pass behind the helicopter; we most certainly would have had a collision with the helicopter. After circling the tower; I rejoined the runway 26 departure path while verifying the helicopter was no longer a collision factor. I then informed the controller that the maneuver I performed to evade the helicopter was the consequence of inadequate separation. I also informed the controller that the helicopter appeared to us to have departed on a magnetic course of approximately 140 degrees instead of the southbound departure they were instructed to perform; and which the helicopter reported they were performing. Shortly thereafter; the tower controller requested both the pilot of the helicopter and me to call the tower supervisor for an accounting of the incident. I called the tower within 1/2 hour thereafter and related the occurrence that had happened. The tower supervisor informed me that they did not see the incident as being my fault; but that they also were not going to file a report with the FAA; despite the apparent errors made by the controller who cleared the helicopter and aircraft X for takeoff without considering the departure trajectories; and the helicopter pilot who misjudged his departure direction.

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Original NASA ASRS Text

Title: VFR general aviation aircraft departing SNS Runway 26 described NMAC when conflict occurred with departing southbound helicopter. Reporter claims both ATC and helicopter pilot erred causing event.

Narrative: I was giving instruction on normal takeoff and landing procedures to my student in an airplane in the morning. The daytime skies were mostly clear and visibility was mostly unrestricted. Upon being cleared for takeoff on Runway 26; we entered the runway and took off in a normal manner without delay; and then began a normal climbout at Vy airspeed. While taking the runway; I heard the Tower Controller clear a helicopter for takeoff from the helipad with instructions to depart to the south. Upon climbing out through approximately 200 FT AGL straight along the runway heading; we encountered the helicopter climbing toward us on a magnetic course of approximately 140 degrees. I was able to estimate this heading based on our position abeam the Control Tower at that time; and the converging flight path of the helicopter. I estimate the horizontal and vertical distances at the moment of the encounter to be 250 FT and 50 FT respectively. While instantly judging the speed and course of the helicopter; I determined that an inflight collision might be possible if the helicopter were to adhere to ordinary right-of-way rules by turning to the right if they did not have us in sight and since I was almost abeam the converging helicopter at that time; I had no choice but to execute a steep diving spiral to the left away from the helicopter; in the direction of; and counterclockwise around the Control Tower to evade any unpredictable movements of the helicopter. The Tower Controller had simultaneously directed us to turn to the right; presumably in accordance with right-of-way rules; but had we turned to the right in an effort to pass behind the helicopter; we most certainly would have had a collision with the helicopter. After circling the Tower; I rejoined the Runway 26 departure path while verifying the helicopter was no longer a collision factor. I then informed the Controller that the maneuver I performed to evade the helicopter was the consequence of inadequate separation. I also informed the Controller that the helicopter appeared to us to have departed on a magnetic course of approximately 140 degrees instead of the southbound departure they were instructed to perform; and which the helicopter reported they were performing. Shortly thereafter; the Tower Controller requested both the Pilot of the helicopter and me to call the Tower Supervisor for an accounting of the incident. I called the Tower within 1/2 hour thereafter and related the occurrence that had happened. The Tower Supervisor informed me that they did not see the incident as being my fault; but that they also were not going to file a report with the FAA; despite the apparent errors made by the Controller who cleared the helicopter and Aircraft X for takeoff without considering the departure trajectories; and the helicopter Pilot who misjudged his departure direction.

Data retrieved from NASA's ASRS site as of May 2009 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.