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Who has the right of way?

By NASA · July 25, 2024 · 12 Comments

This is an excerpt from a report made to the Aviation Safety Reporting System. The narrative is written by the pilot, rather than FAA or NTSB officials. To maintain anonymity, many details, such as aircraft model or airport, are often scrubbed from the reports.

I was flying solo in a Cessna 172 in the traffic pattern at ZZZ.

A helicopter entered the traffic pattern on the downwind behind me. The helicopter then flew a tighter pattern for Runway XX to cut in front of me.

They announced on the CTAF that they were turning base for Runway XX when I was still on the downwind.

I then announced that I was turning base.

As I was turning final, before I could declare I was on final, the helicopter announced that they would be “side stepping for the traffic on base to final.” I then announced I was on final for Runway XX.

I continued with my approach and when I touched down, the helicopter was still hovering over Runway XX.

I couldn’t takeoff and have enough vertical clearance over the helicopter, so I applied maximum braking to avoid a head-on collision with the helicopter. Both main tires blew out and I shut down the engine on the runway.

The helicopter was still hovering on the runway when my aircraft came to a complete stop. The helicopter was hovering at the intersection above the runway and my aircraft stopped at the intersection with the old closed runway, about 600 feet before the intersection.

After the incident the pilot in command of the helicopter apologized for what happened and acknowledged that they were likely at fault for the incident.

The pilot also stated that according to their ADS-B In display, they thought my aircraft was still on base.

I believe that creating a better sight picture from the CTAF communications was crucial to preventing this incident.

Over-reliance on ADS-B data instead of listening to CTAF and visually scanning for aircraft was a contributing factor, as well as understanding that an airplane has the right of way over a more maneuverable aircraft such as a helicopter.

Primary Problem: Human Factors

ACN: 2085548

About NASA

NASA's Aviation Safety Reporting System (ASRS) captures confidential reports, analyzes the resulting aviation safety data, and disseminates vital information to the aviation community.

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Comments

  1. Cary Alburn says

    August 4, 2024 at 7:46 pm

    The quoted rules don’t give fixed wings the right of way over helicopters. Lots of errors here, from both pilots.

    Reply
  2. Jack Coyle says

    July 30, 2024 at 7:50 am

    Both are at fault, the chopper pilot for cutting in front of the airplane and the airplane pilot for not breaking off and going around, sometimes ego is a recipe for accident looking for a place to happen.

    Reply
  3. Robert Butterfield says

    July 29, 2024 at 6:26 am

    One thing most pilots never think about is… the pilots flying, no matter where, drove a car to the airport. Ever have a problem with drivers on the road? Some times highway mentality carries on into the air.

    Reply
  4. are cie says

    July 27, 2024 at 7:24 am

    I wonder if the hovering helo had been a taxiing aircraft if Sir Blown Tires would’ve
    gone around or not? My guess is he would’ve gone around. Should have done the same in this situation.

    Reply
  5. Richard Pottorf says

    July 26, 2024 at 11:56 am

    The helicopter pilot was at fault in at least 3 ways. He’s more maneuverable so in the air he should have given way to the plane. He cut in front of the landing plane. He did not clear the runway as soon as possible. Also, he did not attempt to see and avoid.

    The plane’s pilot should have realized that even though he was entitled to the right of way, he should have just executed a missed approach and gone around.

    Luckily, he was able to break the accident chain before something worse than two blown tires happened. I’d much prefer to replace tires than bent sheet metal, and worse.

    Reply
    • Gerrit Jordaan says

      July 29, 2024 at 5:56 am

      Good summary of a very dangerous situation. It is all about AIRMANSHIP!!

      Reply
  6. J Moss says

    July 26, 2024 at 8:08 am

    During my initial training as a helicopter pilot I was taught that helicopters are to fly opposite traffic patterns at non-towered airports. ie: if the active runway in use is the standard Left traffic, helicopters shall use a right traffic pattern for approach and landing. Sounds like the helicopter pilot was using the normal or same traffic pattern that you were using and I’m Not sure if this would’ve helped being that the conflict occurred at or near the runway as he hovered. Hope that pilot offered to buy you a set of new tires for ya!

    Reply
    • Dale L. Weir says

      July 26, 2024 at 12:14 pm

      Helicopter pilots must “avoid the flow of fixed-wing traffic” (14 CFR 91.126 (b) (2)…
      Most helicopter pilots use the opposite pattern as you describe to comply, however if the direction of the pattern is dictated by noise abatement or obstacles then it may not be the best method to use.

      Reply
  7. Warren Webb Jr says

    July 26, 2024 at 7:41 am

    There’s this illogical pattern of behavior I keep seeing in these incidents and accidents in a non-towered pattern. It’s as if an announcement of entering base will make any hazards on final disappear and an announcement on final will make any hazards on the runway disappear. How do these pilots behave when they have to merge into a highway – activate their turn signal thinking the traffic will disappear? No – you proceed when your eyes tell you it is safe to proceed (except sometimes in airplanes you won’t see the airplane that announced a straight-in and not know his speed so don’t turn base without knowing that).

    Reply
  8. Ronny says

    July 26, 2024 at 7:15 am

    Not having to do with helicopters….but I was on final and a small aircraft without a radio (did not answer my calls) turned base in front of me. Even though he was lower I believe he took advantage or did not see and hear me. I was forced to go-around. Situational awareness and head on a swivel.Sometimes you just have to grin and bear it.

    Reply
  9. Scott Patterson says

    July 26, 2024 at 6:04 am

    Sounds like dash cammers driving into the upcoming avoidable wrech to prove a point. Flight maneuvers/operation on helo. Blowing tites, etc, on you. A go around was your opportunity to avoid issues.

    Reply
  10. Tom Curran says

    July 25, 2024 at 6:52 pm

    As the helicopter pilot admitted: They were at fault. Period.

    As far as the statement:

    “….as well as understanding that an airplane has the right of way over a more maneuverable aircraft such as a helicopter.

    No, that not the case at all.

    There is no absolutely no granting of “Right of Way” to airplanes over helicopters based solely on maneuverability!

    These are the pertinent regulations that apply in this scenario:

    91.113; Right of Way Rules: Except Water Operations:

    “(g) Landing. Aircraft, while on final approach to land or while landing, have the right-of-way over other aircraft in flight or operating on the surface, except that they shall not take advantage of this rule to force an aircraft off the runway surface which has already landed and is attempting to make way for an aircraft on final approach. When two or more aircraft are approaching an airport for the purpose of landing, the aircraft at the lower altitude has the right-of-way, but it shall not take advantage of this rule to cut in front of another which is on final approach to land or to overtake that aircraft.”

    In addition, for operations at non-towered airports in Class G and Class E airspace (FARs 91.126 & 91.127), the rules that apply to helicopters are the same:

    “Each pilot of a helicopter or a powered parachute must avoid the flow of fixed-wing aircraft.”

    Reply

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