Narrative:

Departed from teb on an IFR flight plan to I28. Was assigned and accepted the dalton VFR departure even though it was not requested. The departure was followed as depicted with a climb to 800 ft MSL, remaining within 4 NM of the teb VOR, and then a right turn to 280 degrees. We then climbed to 1300 ft MSL, maximum altitude for the departure. We saw and were told of B757 on approach to ewr runway 22. ATC cautioned wake turbulence in reference to the B757. We passed approximately 2 mi behind the B757 and an estimated 800 ft below the B757's flight path. No wake turbulence was encountered. We followed a procedure precisely. There were no violations or incidents involved. However, flying close to and under a B757's flight path (and certainly not limited to a B757) is unsafe. In this situation, ATC leads a crew into the dalton VFR departure. First of all, it is assigned by clearance delivery without being requested. Declining the dalton departure will result in a substantial delay. By accepting this departure, a crew 'volunteers' to put themselves in a situation that ATC is not allowed to do for IFR separation. The dalton VFR departure was designed to allow aircraft to avoid delays departing teb. It is my opinion this departure is unsafe and could result in tragic consequences.

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Original NASA ASRS Text

Title: CAPT OF A CPR JET COMPLAINS ABOUT A DEP CLRNC THAT SOMETIMES ALLOWS LTSS FROM OTHER ACFT AND THE RESULTING WAKE TURB.

Narrative: DEPARTED FROM TEB ON AN IFR FLT PLAN TO I28. WAS ASSIGNED AND ACCEPTED THE DALTON VFR DEP EVEN THOUGH IT WAS NOT REQUESTED. THE DEP WAS FOLLOWED AS DEPICTED WITH A CLB TO 800 FT MSL, REMAINING WITHIN 4 NM OF THE TEB VOR, AND THEN A R TURN TO 280 DEGS. WE THEN CLBED TO 1300 FT MSL, MAX ALT FOR THE DEP. WE SAW AND WERE TOLD OF B757 ON APCH TO EWR RWY 22. ATC CAUTIONED WAKE TURB IN REF TO THE B757. WE PASSED APPROX 2 MI BEHIND THE B757 AND AN ESTIMATED 800 FT BELOW THE B757'S FLT PATH. NO WAKE TURB WAS ENCOUNTERED. WE FOLLOWED A PROC PRECISELY. THERE WERE NO VIOLATIONS OR INCIDENTS INVOLVED. HOWEVER, FLYING CLOSE TO AND UNDER A B757'S FLT PATH (AND CERTAINLY NOT LIMITED TO A B757) IS UNSAFE. IN THIS SIT, ATC LEADS A CREW INTO THE DALTON VFR DEP. FIRST OF ALL, IT IS ASSIGNED BY CLRNC DELIVERY WITHOUT BEING REQUESTED. DECLINING THE DALTON DEP WILL RESULT IN A SUBSTANTIAL DELAY. BY ACCEPTING THIS DEP, A CREW 'VOLUNTEERS' TO PUT THEMSELVES IN A SIT THAT ATC IS NOT ALLOWED TO DO FOR IFR SEPARATION. THE DALTON VFR DEP WAS DESIGNED TO ALLOW ACFT TO AVOID DELAYS DEPARTING TEB. IT IS MY OPINION THIS DEP IS UNSAFE AND COULD RESULT IN TRAGIC CONSEQUENCES.

Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.