Narrative:

Upon initial climb out from teb airport, the SID requires 1500 ft of altitude. It was night time and we spotted traffic below us. We climbed above 1500 ft to 2000 ft to avoid what looked like head-on traffic. ATC told us to remain at 1500 ft. I was working the radio and looking at the TCASII at the same time. I responded by saying 'at 2000 ft back to 1500 ft,' but neglected to tell ATC we climbed to 2000 ft to avoid traffic. The TCASII only gave us a TA at the time. ATC's response was 'sir, you need to read your SID' and went on to talk to other aircraft and then handed us off, before I could explain what had happened.

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Original NASA ASRS Text

Title: FLC OF AN LR31 CLBED, PASSED INTERMEDIATE LEVELOFF ALT ON A SID DEP DUE TO A TCASII TA BELOW AND COMING AT THEM IN AN OPPOSITE DIRECTION.

Narrative: UPON INITIAL CLBOUT FROM TEB ARPT, THE SID REQUIRES 1500 FT OF ALT. IT WAS NIGHT TIME AND WE SPOTTED TFC BELOW US. WE CLBED ABOVE 1500 FT TO 2000 FT TO AVOID WHAT LOOKED LIKE HEAD-ON TFC. ATC TOLD US TO REMAIN AT 1500 FT. I WAS WORKING THE RADIO AND LOOKING AT THE TCASII AT THE SAME TIME. I RESPONDED BY SAYING 'AT 2000 FT BACK TO 1500 FT,' BUT NEGLECTED TO TELL ATC WE CLBED TO 2000 FT TO AVOID TFC. THE TCASII ONLY GAVE US A TA AT THE TIME. ATC'S RESPONSE WAS 'SIR, YOU NEED TO READ YOUR SID' AND WENT ON TO TALK TO OTHER ACFT AND THEN HANDED US OFF, BEFORE I COULD EXPLAIN WHAT HAD HAPPENED.

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.