Narrative:

On departure from ilg just after takeoff, entered IMC with copilot with less than 5 hours in make and model. Copilot did not get gear all the way up. Also commanded autoplt while I was flying IMC instead of yaw damper, caused aircraft to climb past assigned altitude. I was not sure what was going on and was aviating the aircraft trying to gain control of proper altitude. I told copilot to declare an emergency with phl departure and request climb on top direct to salisbury. Copilot froze and was useless. I assumed I had a pitch trim runaway. I was able to get aircraft under control while IMC in severe turbulence and icing conditions. I then notified ATC that the only problem I had left was a gear problem and I needed a climb to an altitude on top or between layers where I could cycle the gear below 200 KTS. I did this, resolved the problem. Did not want to return to ILS due to the WX there and severe turbulence up and down the east coast. The nearest suitable airport that was VFR was my destination at opf. Since the emergency was caused by copilot error and found no mechanical deficiencies with aircraft, I continued on to opf. I deviated from clearance exercising my emergency authority/authorized as PIC part 91. Human factors and contributing factors: wrong action of copilot. Copilot was incompetent, inaction of copilot. Corrective actions: aviate the aircraft, diagnosis and correct situation. Problem discovered: by troubleshooting using emergency and abnormal checklist. Factors affecting quality of human performance: copilot had poor command of english and IMC experience, no prior jet experience, behind aircraft, could not keep up and function as sic.

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Original NASA ASRS Text

Title: LEARJET 31 CAPT OVERSHOT INTERMEDIATE ALT DURING CLB DUE TO FO INADVERTENTLY ENGAGING THE AUTOPLT INSTEAD OF THE YAW DAMPER AND NOT FULLY RETRACTING GEAR.

Narrative: ON DEP FROM ILG JUST AFTER TKOF, ENTERED IMC WITH COPLT WITH LESS THAN 5 HRS IN MAKE AND MODEL. COPLT DID NOT GET GEAR ALL THE WAY UP. ALSO COMMANDED AUTOPLT WHILE I WAS FLYING IMC INSTEAD OF YAW DAMPER, CAUSED ACFT TO CLB PAST ASSIGNED ALT. I WAS NOT SURE WHAT WAS GOING ON AND WAS AVIATING THE ACFT TRYING TO GAIN CTL OF PROPER ALT. I TOLD COPLT TO DECLARE AN EMER WITH PHL DEP AND REQUEST CLB ON TOP DIRECT TO SALISBURY. COPLT FROZE AND WAS USELESS. I ASSUMED I HAD A PITCH TRIM RUNAWAY. I WAS ABLE TO GET ACFT UNDER CTL WHILE IMC IN SEVERE TURB AND ICING CONDITIONS. I THEN NOTIFIED ATC THAT THE ONLY PROB I HAD LEFT WAS A GEAR PROB AND I NEEDED A CLB TO AN ALT ON TOP OR BTWN LAYERS WHERE I COULD CYCLE THE GEAR BELOW 200 KTS. I DID THIS, RESOLVED THE PROB. DID NOT WANT TO RETURN TO ILS DUE TO THE WX THERE AND SEVERE TURB UP AND DOWN THE EAST COAST. THE NEAREST SUITABLE ARPT THAT WAS VFR WAS MY DEST AT OPF. SINCE THE EMER WAS CAUSED BY COPLT ERROR AND FOUND NO MECHANICAL DEFICIENCIES WITH ACFT, I CONTINUED ON TO OPF. I DEVIATED FROM CLRNC EXERCISING MY EMER AUTH AS PIC PART 91. HUMAN FACTORS AND CONTRIBUTING FACTORS: WRONG ACTION OF COPLT. COPLT WAS INCOMPETENT, INACTION OF COPLT. CORRECTIVE ACTIONS: AVIATE THE ACFT, DIAGNOSIS AND CORRECT SIT. PROB DISCOVERED: BY TROUBLESHOOTING USING EMER AND ABNORMAL CHKLIST. FACTORS AFFECTING QUALITY OF HUMAN PERFORMANCE: COPLT HAD POOR COMMAND OF ENGLISH AND IMC EXPERIENCE, NO PRIOR JET EXPERIENCE, BEHIND ACFT, COULD NOT KEEP UP AND FUNCTION AS SIC.

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.