Date: 202004
Local time of day: 1801-2400
Location: FXE.Tower, FL
Flight conditions: VMC
Weather elements / visibility: 10
Light: Night
Aircraft: PA-28 Cherokee/Archer/Dakota/Pillan/Warrior
Operator: Personal
Operating under: Part 91
Flight plan: None
Mission: Training
Flight phase: Initial Climb
Airspace: Class D FXE
ATC / advisory: Tower FXE
Second aircraft: Helicopter
Reporter organization: Personal
Reporter function: Pilot Flying
Reporter qualification: Flight Crew Private; Flight Crew Instrument
Human factors: Communication Breakdown; Confusion; Training / Qualification; Situational Awareness
Anomaly: ATC Issue All Types; Conflict NMAC
Detector: Person Flight Crew
When detected: In-flight
Result: Flight Crew Requested ATC Assistance / Clarification; Flight Crew Took Evasive Action
Contributing factors: Aircraft; Human Factors; Procedure
Primary problem: Procedure

Narrative: My instructor and I were doing touch and goes in the right pattern. We were cleared for the touch and go in the downwind at roughly midfield and performed a standard squared approach. The landing was normal and we continued the takeoff as planned. Just after becoming airborne; we noticed a helicopter taking off from the taxiway to our right. I pulled power and leveled flight around 100 ft. The helicopter continued to climb on its heading and crossed from our right wing to our left wing directly above us at what looked like less than 50 ft. separation. After regaining sight of the helicopter off our left wing; I returned to climb configuration. A few seconds later the helicopter appeared to be in a slight bank back to the right into our flight path. I turned slightly to the right and continued climb. A few more seconds passed and the helicopter turned steeply directly at us forcing me to dive right immediately. All of this happened prior to reaching 700 ft. The helicopter passed behind us and left the airspace.While I focused on flying the plane; my instructor handled the radios. Tower responded that the helicopter was to remain west of the field. At this point the helicopter pilot called in saying he had us in sight from the beginning. I do not believe this is possible. I had to drastically change course three times in the span of about 40 seconds to prevent a collision. Two of these maneuvers I would consider highly inappropriate at such low altitudes; at night; in a densely populated area if it had not been for the [urgent] situation the helicopter pilot put us in.At the conclusion of my flight; I called the Tower phone number to clarify what happened. The Controller told me that the helicopter had been cleared for a 'coded departure' from a taxiway. This departure path was supposed to takeoff to the southwest and keep the aircraft west of the field. Due to winds at the time; the pilot decided to takeoff to the northeast instead. It is unclear whether this was communicated to Tower. I believe this miscommunication between Tower and the other pilot led to our initial near miss. The following two incidents however were entirely due to the helicopter pilot performing turns that put us back on a collision path. This is especially concerning since the other pilot claimed to have us in sight from the beginning.




Synopsis: Pilot reported a NMAC with a helicopter in the traffic pattern.