Narrative:

I'm an LJ55 co-captain. Recently we started flying in and out of ege frequently. Through the summer it wasn't much of a problem; but with the onset of winter and the sun setting earlier; it has become difficult. The problem arises with the poor climb performance of the LJ55. The SID climb on runway 25 at ege is 12.5% to 5400 ft AGL (runway 7 is normally not used for takeoff because of winds and upslope and arriving IFR traffic). With passenger and fuel about the best we can achieve engine out after V1 is 8.5% but normally only about 3.5%. Well below what is required for actual obstacle clearance. For a long time before I joined; the company pilots accepted this risk; not in the WX but at night. The aim requires you meet or exceed the SID climb requirement engine out or you must be able to clear the terrain visually. The IMC restr is clear cut but at night with good visibility but no illumination or only partial; it becomes a judgement call. But the widely accepted opinion is that it is unsafe to attempt to leave at night. After discussing this with the chief pilot; he agreed but admitted they had been doing this for yrs. My problem rests with the owner and the airplane. We were to take off at approximately XA00; sunset was at around XB00. The owner insisted that he and the other passenger eat dinner and that they would be ready to leave at XD00. The chief pilot informed the owner of the sunset problem to no avail. When the owner showed at XD00; I tried to explain for safety we should not attempt to fly out of eagle colorado at night. At that point he suggested I should maybe 'find a new job;' which was a veiled threat of firing me. I again tried to explain the situation to the owner 3 times using such words as unsafe and illegal. His response was 'if you don't like working for the corp you can quit.' the owner refused to listen to my safety concerns and the chief pilot failed to intervene but instead started the right engine. I felt coerced; helpless; and betrayed. We flew back with the chief pilot as PIC. We flew in violation of the FARS and aim without regard to safety. There was insufficient illumination to clear the terrain. If we had lost an engine after V1 we would have most certainly died. Callback conversation with reporter revealed the following information: reporter stated that the owner of the aircraft operated the aircraft without proper documentation regarding weight and balance changes and cabin confign. The zero fuel weight was exceeded and the proper quantity of oxygen masks were not available for the number of passenger. The reporter indicated that he had brought his concerns forward to the chief pilot and had received a positive feedback; however; the situation did not change and the company proceeded to operate the aircraft with disregard to the cabin confign; zero fuel weight differences and the lack of a proper weight and balance certificate in the operating manual. He felt he was pressured to operate in an unsafe manner and refused to perform under certain situations.

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Original NASA ASRS Text

Title: LEAR LR-55 PLT HAS CONCERNS REGARDING THE CLB GRADIENT REQUIREMENTS FOR THE GYPSM3.RLG DEP FROM EGE.

Narrative: I'M AN LJ55 CO-CAPT. RECENTLY WE STARTED FLYING IN AND OUT OF EGE FREQUENTLY. THROUGH THE SUMMER IT WASN'T MUCH OF A PROB; BUT WITH THE ONSET OF WINTER AND THE SUN SETTING EARLIER; IT HAS BECOME DIFFICULT. THE PROB ARISES WITH THE POOR CLB PERFORMANCE OF THE LJ55. THE SID CLB ON RWY 25 AT EGE IS 12.5% TO 5400 FT AGL (RWY 7 IS NORMALLY NOT USED FOR TKOF BECAUSE OF WINDS AND UPSLOPE AND ARRIVING IFR TFC). WITH PAX AND FUEL ABOUT THE BEST WE CAN ACHIEVE ENG OUT AFTER V1 IS 8.5% BUT NORMALLY ONLY ABOUT 3.5%. WELL BELOW WHAT IS REQUIRED FOR ACTUAL OBSTACLE CLRNC. FOR A LONG TIME BEFORE I JOINED; THE COMPANY PLTS ACCEPTED THIS RISK; NOT IN THE WX BUT AT NIGHT. THE AIM REQUIRES YOU MEET OR EXCEED THE SID CLB REQUIREMENT ENG OUT OR YOU MUST BE ABLE TO CLR THE TERRAIN VISUALLY. THE IMC RESTR IS CLR CUT BUT AT NIGHT WITH GOOD VISIBILITY BUT NO ILLUMINATION OR ONLY PARTIAL; IT BECOMES A JUDGEMENT CALL. BUT THE WIDELY ACCEPTED OPINION IS THAT IT IS UNSAFE TO ATTEMPT TO LEAVE AT NIGHT. AFTER DISCUSSING THIS WITH THE CHIEF PLT; HE AGREED BUT ADMITTED THEY HAD BEEN DOING THIS FOR YRS. MY PROB RESTS WITH THE OWNER AND THE AIRPLANE. WE WERE TO TAKE OFF AT APPROX XA00; SUNSET WAS AT AROUND XB00. THE OWNER INSISTED THAT HE AND THE OTHER PAX EAT DINNER AND THAT THEY WOULD BE READY TO LEAVE AT XD00. THE CHIEF PLT INFORMED THE OWNER OF THE SUNSET PROB TO NO AVAIL. WHEN THE OWNER SHOWED AT XD00; I TRIED TO EXPLAIN FOR SAFETY WE SHOULD NOT ATTEMPT TO FLY OUT OF EAGLE COLORADO AT NIGHT. AT THAT POINT HE SUGGESTED I SHOULD MAYBE 'FIND A NEW JOB;' WHICH WAS A VEILED THREAT OF FIRING ME. I AGAIN TRIED TO EXPLAIN THE SITUATION TO THE OWNER 3 TIMES USING SUCH WORDS AS UNSAFE AND ILLEGAL. HIS RESPONSE WAS 'IF YOU DON'T LIKE WORKING FOR THE CORP YOU CAN QUIT.' THE OWNER REFUSED TO LISTEN TO MY SAFETY CONCERNS AND THE CHIEF PLT FAILED TO INTERVENE BUT INSTEAD STARTED THE R ENG. I FELT COERCED; HELPLESS; AND BETRAYED. WE FLEW BACK WITH THE CHIEF PLT AS PIC. WE FLEW IN VIOLATION OF THE FARS AND AIM WITHOUT REGARD TO SAFETY. THERE WAS INSUFFICIENT ILLUMINATION TO CLR THE TERRAIN. IF WE HAD LOST AN ENG AFTER V1 WE WOULD HAVE MOST CERTAINLY DIED. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: RPTR STATED THAT THE OWNER OF THE ACFT OPERATED THE ACFT WITHOUT PROPER DOCUMENTATION REGARDING WT AND BAL CHANGES AND CABIN CONFIGN. THE ZERO FUEL WT WAS EXCEEDED AND THE PROPER QUANTITY OF OXYGEN MASKS WERE NOT AVAILABLE FOR THE NUMBER OF PAX. THE RPTR INDICATED THAT HE HAD BROUGHT HIS CONCERNS FORWARD TO THE CHIEF PLT AND HAD RECEIVED A POSITIVE FEEDBACK; HOWEVER; THE SITUATION DID NOT CHANGE AND THE COMPANY PROCEEDED TO OPERATE THE ACFT WITH DISREGARD TO THE CABIN CONFIGN; ZERO FUEL WT DIFFERENCES AND THE LACK OF A PROPER WT AND BAL CERTIFICATE IN THE OPERATING MANUAL. HE FELT HE WAS PRESSURED TO OPERATE IN AN UNSAFE MANNER AND REFUSED TO PERFORM UNDER CERTAIN SITUATIONS.

Data retrieved from NASA's ASRS site as of January 2009 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.