Iroquois 212/214
Flight Crew Air Transport Pilot (ATP); Flight Crew Flight Instructor
Flight Crew Last 90 Days 85; Flight Crew Total 18950; Flight Crew Type 3700
Communication Breakdown; Confusion; Situational Awareness
Conflict NMAC; Deviation / Discrepancy - Procedural FAR
Human Factors
While on a presumed non-revenue positioning flight with two BH-212s; after proper briefing and filing as a flight of two with Center; the two aircraft were operated within three rotor diameters for some photos. Two way radio communication was maintained at all times and no hazardous conditions were encountered.After the flight was complete; the PICs were advised that it was a revenue flight under part 135; making the formation flight a violation of FARs. No crew member was aware of this prior to the flight departure; Operator onsite manager failed to brief crews as to the status of the flight prior to departure; causing flight crews to believe they were on a non-revenue flight; and not subject to the for hire restrictions on formation flight; while carrying passengers.
Believing the flight was a non-revenue operation the pilots of two BH-212 helicopters departed as a flight of two and flew in formation for a period of time for photos.  They were later advised the flight was actually planned as a revenue flight thus making the formation flight a violation of FAR Part 135 restrictions.