Flight crew of cpr light transport on initial climb discovers nose gear will not retract. During vectors for return they misinterp climb clearance and exceed assigned altitude by 600 ft.

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Attributes
ACN	408360
Time
Date	199807
Day	Wed
Local Time Of Day	1201 To 1800
Place
Locale Reference	airport : teb
State Reference	NJ
Altitude	msl bound lower : 3000 msl bound upper : 3600
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : n90
Operator	general aviation : corporate
Make Model Name	Commercial Fixed Wing
Operating Under FAR Part	Part 91
Navigation In Use	Other Other
Flight Phase	climbout : initial descent : approach landing other
Flight Plan	IFR
Person 1
Affiliation	Other
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 100 flight time total : 17000 flight time type : 700
ASRS Report	408360
Person 2
Affiliation	Other
Function	flight crew : first officer
Qualification	pilot : instrument pilot : commercial
Events
Anomaly	aircraft equipment problem : critical altitude deviation : overshoot non adherence : clearance other anomaly other
Independent Detector	other controllera
Resolutory Action	controller : issued new clearance other
Consequence	Other
Supplementary
Primary Problem	Aircraft
Air Traffic Incident	Pilot Deviation other

Narrative:

After takeoff from teb, first officer flying called for gear up and I (the captain) selected gear up, however the nose gear did not retract. I advised teb tower we would like to return for a landing at teb. They advised me to contact departure. I contacted de,P advising we had a slight problem and would like to return to teb and no assistance was required. We were told to turn to a heading of 270 degrees and maintain 1500 ft AGL. We were passed to another frequency and told to maintain a new heading (320 degrees I think) and maintain 4000 ft, which we read back. Going through 3600 ft, we were advised we were only cleared to 3000 ft and were instructed to descend to 3000 ft AGL, and we did immediately. I questioned my first officer and he was certain also we were cleared to 4000 ft. ATC was quite busy and we were quite busy doing after takeoff checks, before landing checks, getting approach plates out and dealing with the landing gear problem. I felt the workload in the cockpit was quite high and it is possible that a wrong altitude was heard and read back. As far as I know there was no conflict involved with any other aircraft.

Original NASA ASRS Text

Title: FLC OF CPR LTT ON INITIAL CLB DISCOVERS NOSE GEAR WILL NOT RETRACT. DURING VECTORS FOR RETURN THEY MISINTERP CLB CLRNC AND EXCEED ASSIGNED ALT BY 600 FT.

Narrative: AFTER TKOF FROM TEB, FO FLYING CALLED FOR GEAR UP AND I (THE CAPT) SELECTED GEAR UP, HOWEVER THE NOSE GEAR DID NOT RETRACT. I ADVISED TEB TWR WE WOULD LIKE TO RETURN FOR A LNDG AT TEB. THEY ADVISED ME TO CONTACT DEP. I CONTACTED DE,P ADVISING WE HAD A SLIGHT PROB AND WOULD LIKE TO RETURN TO TEB AND NO ASSISTANCE WAS REQUIRED. WE WERE TOLD TO TURN TO A HDG OF 270 DEGS AND MAINTAIN 1500 FT AGL. WE WERE PASSED TO ANOTHER FREQ AND TOLD TO MAINTAIN A NEW HDG (320 DEGS I THINK) AND MAINTAIN 4000 FT, WHICH WE READ BACK. GOING THROUGH 3600 FT, WE WERE ADVISED WE WERE ONLY CLRED TO 3000 FT AND WERE INSTRUCTED TO DSND TO 3000 FT AGL, AND WE DID IMMEDIATELY. I QUESTIONED MY FO AND HE WAS CERTAIN ALSO WE WERE CLRED TO 4000 FT. ATC WAS QUITE BUSY AND WE WERE QUITE BUSY DOING AFTER TKOF CHKS, BEFORE LNDG CHKS, GETTING APCH PLATES OUT AND DEALING WITH THE LNDG GEAR PROB. I FELT THE WORKLOAD IN THE COCKPIT WAS QUITE HIGH AND IT IS POSSIBLE THAT A WRONG ALT WAS HEARD AND READ BACK. AS FAR AS I KNOW THERE WAS NO CONFLICT INVOLVED WITH ANY OTHER ACFT.

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.