Date: 201210
Local time of day: 1201-1800
Location: LGA.Airport, NY
Flight conditions: VMC
Weather elements / visibility: Windshear; Turbulence; 10
Light: Dusk
Aircraft: Small Aircraft; Low Wing; 1 Eng; Retractable Gear
Operator: Personal
Operating under: Part 91
Flight plan: None
Mission: Photo Shoot / Video
Flight phase: Cruise
Airspace: Class B LGA; Special Use SFRA
ATC / advisory: Tower LGA
Second aircraft: Small Aircraft; Low Wing; 1 Eng; Retractable Gear
Reporter organization: Personal
Reporter function: Pilot Flying; Single Pilot
Reporter qualification: Flight Crew Flight Instructor; Flight Crew Instrument; Flight Crew Multiengine; Flight Crew Air Transport Pilot (ATP); Flight Crew Rotorcraft
Human factors: Situational Awareness; Confusion; Distraction
Second reporter function: Other / Unknown
Anomaly: Airspace Violation All Types; Conflict NMAC; Deviation - Altitude Overshoot; Deviation / Discrepancy - Procedural Published Material / Policy
Detector: Person Flight Crew; Person Air Traffic Control
When detected: In-flight
Result: Air Traffic Control Issued Advisory / Alert; Flight Crew Took Evasive Action
Contributing factors: Environment - Non Weather Related; Human Factors; Procedure; Airspace Structure
Primary problem: Ambiguous

Narrative: I flew the Hudson River VFR corridor in moderate turbulence and windshear in two ship formation for an aerial photo shoot. Altitude was to be between 1;200 and 1;300 FT. All mandatory reporting radio calls were made. As we gained on a helicopter going our same direction but higher; we passed abeam of it; but then the helicopter turned into us. I maneuvered left since the helicopter began to descend in its turn a slight climb was initiated by me. ATC informed there was a possible pilot deviation in going above 1;300 FT.


Second narrative: I am an instrument rated commercial pilot and hold a second class medical certificate. I am also the owner of this aircraft. I was a passenger sitting in the back of my aircraft doing aerial video of another aircraft. I was sitting in the seat behind the pilot of the aircraft and my seat was in the club seating position facing the rear of the aircraft. Sitting next to me was a still photographer who was also facing the rear of the aircraft and doing photography of the same aircraft. The pilot of my aircraft was an ATP rated pilot. The passenger in the front right seat of the aircraft was not a pilot.We taxied out and departed from a New York Area airport mid afternoon as a flight of two aircraft. The pilot of my aircraft was doing all the communication with ATC. After flying northwest of our departure airport for a while doing aerial photography both aircraft proceeded to the Hudson River for some aerial photography of the second aircraft with the Statue of Liberty and New York City skyline as a background. During a preflight briefing the pilots of both aircraft discussed staying between 1;100 FT and 1;300 FT and flying below 140 KTS in the transient flight area to avoid the flow of local helicopter traffic and comply with rules for flying in the NYC SFRA.During our flight in the Hudson River area I heard the pilot of my aircraft making position reports on the radio. During the second run northbound along the Hudson River I heard the pilot of my aircraft alert the pilot of the second aircraft we were photographing to helicopter traffic. I then heard the pilot of my aircraft say something along the lines of 'What the hell is he doing - he's turning toward us'. The pilot of my aircraft and the pilot of the aircraft we were photographing then took evasive action. I then saw what appeared to be a helicopter pass by.


Synopsis: Two fixed wing aircraft in formation on a photo mission in the New York City SFRA had a near miss with a sightseeing helicopter at about 1;400 FT over the Hudson River.