Date: 201705
Local time of day: 0601-1200
Location: LGA.Airport, NY
Flight conditions: VMC
Weather elements / visibility: 10
Light: Daylight
Aircraft: Helicopter
Operating under: Part 91
Flight plan: None
Mission: Passenger
Flight phase: Cruise
Airspace: Class B LGA
ATC / advisory: Tower LGA
Second aircraft: Small Aircraft
Reporter function: Single Pilot; Pilot Flying
Reporter qualification: Flight Crew Instrument; Flight Crew Flight Instructor; Flight Crew Commercial
Human factors: Communication Breakdown; Situational Awareness
Second reporter function: Pilot Flying; Single Pilot
Anomaly: Conflict NMAC; Deviation / Discrepancy - Procedural Published Material / Policy
Detector: Person Flight Crew
When detected: In-flight
Result: Flight Crew Took Evasive Action
Contributing factors: Airspace Structure; Human Factors
Primary problem: Human Factors

Narrative: Checked in with LGA at 1.5 north on Hudson for a tour; LGA informed pilot of traffic ahead helicopter 1.5 northbound and traffic behind 1 mile 1.5 northbound. Pilot informed LGA that he has traffic ahead insight and would maintain visual; also informed LGA that he would look for traffic behind in the upcoming turn. Shortly later pilot checked out from LGA. Immediately after checking out pilot looks left just before initiating turn and sees fixed wing fly by... same alt 20 feet off left hand side.


Second narrative: I was flying the NYC Skyline Route northbound at an ATC-assigned altitude of 1500 MSL. At approximately the Intrepid reporting point; ATC advised helicopter traffic at 11 o'clock & 2 miles and additional traffic 2 o'clock & 1 mile. I responded that I had the 11 o'clock in sight but not the 2 o'clock. I observed the 11 o'clock helicopter approximately 50 feet above and above the western shore of the Hudson at approximately 1 mile. As I proceeded northbound; the 11 o'clock helicopter crossed the Hudson from west to east and began hovering slightly above my flight path. Thinking that the helicopter intended to maintain its position or continue eastbound; I adjusted my course to maintain visual separation from the helicopter by passing below and to the left of the helicopter; but still roughly along the east bank of the Hudson. At no time did I lose visual contact with the helicopter. After my passage; the helicopter radioed his displeasure to ATC for what he considered 'closer than a close call.'While I believe I maintained a safe degree of separation from the helicopter throughout; I concede that it would have been safer if I had moved further towards the west bank of the Hudson to pass the helicopter. However; I was concerned that this would be considered a deviation as the Skyline Route instructions are to follow the east bank of the Hudson northbound. Certainly an altitude change would not have been possible given the operation within Class B airspace. I believe there is confusion over how tightly pilots are expected to follow the banks of the river. Additionally; in the past when flying this route I have received additional vertical separation from other traffic; especially helicopter traffic; by being assigned 2000 MSL. Finally; it would be helpful if traffic in the Class B flying north/south along the Hudson were separated vertically from traffic crossing the Hudson as the possibility of conflicts are greater in these cases. There is precedent for this vertical separation as the Hudson SFRA mandates transient operation between 1000-1299 MSL and local operation between SFC-999 MSL.


Synopsis: A helicopter pilot and a small aircraft pilot reported a NMAC over the Hudson River.