A last-minute bid to keep Bermuda's only helicopter on the Island has crash-landed -- because of air navigation laws.

Eleventh-hour talks between Government and the helicopter's owners were finally called off this week.

Now the JetRanger has been booked on the next cargo ship to the US and is due to leave early next week.

Co-owner Mike Smatt said Government officials were unable to sign a contract to use the helicopter because of strict flying regulations around Bermuda for single-engine aircraft.

He said the regulations, imposed by the United Kingdom, do not allow flights further than six miles off Bermuda shores.

Mr. Smatt said there were also severe restrictions on night flights for a helicopter registered for public transport.

He added: "These restrictions make it virtually impossible to secure contracts for Rescue Co-ordination, Fisheries, Customs and Police patrols.

"Bermuda can contract a Bell JetRanger helicopter of foreign registry to perform the same tasks without the restrictions associated with a local Air Operators Certificate.

"In other words, the system is more restrictive for those who support the Bermuda Aircraft Register and who are subsequently subjected to the regulations.'' He said the Director of Civil Aviation could lift the restrictions but would only do so in extraordinary circumstances.

Mr. Smatt added: "Recent discussions with the Bermuda Government were positive and indicative of a sincere interest to utilise this resource.

"However, all parties agreed that aeronautical regulations must be adhered to.'' The $350,000 helicopter, which flies at 120 mph, is booked on the next trip of the Oleander .

The original plan was to showcase the chopper in the Helicopter Association's international convention in California, then display it to potential buyers at the Air Trade Centre in Bristol, Tennessee.

But the convention deadline has passed and the helicopter will now be displayed by a broker in Pennsylvania.

Mr. Smatt, preparing to close Bermuda Helicopters' airport base, said the helicopter had never needed to go far offshore and always complied with air navigation rules.

He said permission was gained to over-ride the regulations during a drugbusting mission with the Police Narcotics Squad.

But he added: "Any future operations will require an aircraft capable of working within the Government regulations.

"Although the aircraft is leaving Bermuda to be sold in America, we feel that we have made a very significant and positive contribution to Bermuda.'' Senior Police officers and oil industry bosses had already called for a solution to keep the helicopter on the Island for search and rescue, drugbusting or surveillance missions.

But Government said it was unable to pay a contracted annual retainer of $60,000 to use the aircraft. And Tourism Minister David Dodwell said Government could not launch a rescue package because the helicopter had to be a viable private business.

GOVERNMENT GVT