HS800 crew misses teb 5 SID restr of 2000 ft and climbs to 3000 ft.

Attributes
ACN	712529
Time
Date	200610
Local Time Of Day	0601 To 1200
Place
Locale Reference	airport : teb.airport
State Reference	NJ
Altitude	msl bound lower : 2000 msl bound upper : 3000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : n90.tracon
Operator	general aviation : personal
Make Model Name	HS 125 Series 700
Operating Under FAR Part	Part 91
Navigation In Use	other
Flight Phase	climbout : initial
Route In Use	departure sid : teb
Flight Plan	IFR
Person 1
Affiliation	other
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 120 flight time total : 4900 flight time type : 415
ASRS Report	712529
Person 2
Affiliation	other
Function	flight crew : first officer
Events
Anomaly	altitude deviation : excursion from assigned altitude non adherence : published procedure non adherence : clearance
Independent Detector	other controllera
Resolutory Action	none taken : detected after the fact
Supplementary
Problem Areas	Aircraft ATC Human Performance Airspace Structure Flight Crew Human Performance
Primary Problem	Flight Crew Human Performance

Narrative:

At XA50 we departed teb. Our clearance was via the teb 5; brezy; maintain 3000 ft. It was read back and verified. We taxied out and were cleared to depart runway 24; maintain 3000 ft. After departure we executed the departure procedure. Runway heading to 1500 ft right turn to 280 degrees less than 200 KTS. At 1500 ft and 4.2 DME I asked tower to be xferred to departure control. There was a several second delay to check in. At the time I was able to check in 4.7 DME we were at 1950 ft. My check in was 'at 2000 ft climb to 3000 ft.' nyc responded with 'roger to 3000 ft.' the SID's final altitude charted is 2000 ft but with teb tower's clearance to 3000 ft we continued our climb and it was verified by ATC. I was called back by ATC to 'verify 3000 ft.' responded 'roger 3.' we were again asked to verify 3000 ft and to turn to 360 degree heading. Read back '3000 ft turn to 360 degrees.' at this point; new york departure asked to confirm my destination of ZZZ. I replied that that was correct. I was told to call a phone number upon landing. I responded 'ready to copy.' we were given a phone number and told to call due to 'altitude deviation on the SID.' after landing at ZZZ and completing required paperwork; I established phone contact with my chief pilot. The chief pilot made contact with the phone number given with a return number and name to return the call. As of this time no response has been received from new york departure. Several contributing problems: 1) given an altitude change to a SID without full clarification of intent of how to proceed properly. 2) when checking in with departure at proper altitude with clearance limit we were still cleared to a higher altitude. 3) phone call to new york departure not returned. 4) if phone number is to a cell phone; why was it given over open ATC channel. 5) implication of a violation given over open frequency. Fixes: when issuing a SID change; ATC's intention should be easily understood. If a potential wrong altitude is read; ATC should query crew or confirm altitude. ATC has many times requested a return to altitude before; why not in this situation?

Original NASA ASRS Text

Title: HS800 CREW MISSES TEB 5 SID RESTR OF 2000 FT AND CLBS TO 3000 FT.

Narrative: AT XA50 WE DEPARTED TEB. OUR CLRNC WAS VIA THE TEB 5; BREZY; MAINTAIN 3000 FT. IT WAS READ BACK AND VERIFIED. WE TAXIED OUT AND WERE CLRED TO DEPART RWY 24; MAINTAIN 3000 FT. AFTER DEP WE EXECUTED THE DEP PROC. RWY HDG TO 1500 FT R TURN TO 280 DEGS LESS THAN 200 KTS. AT 1500 FT AND 4.2 DME I ASKED TWR TO BE XFERRED TO DEP CTL. THERE WAS A SEVERAL SECOND DELAY TO CHK IN. AT THE TIME I WAS ABLE TO CHK IN 4.7 DME WE WERE AT 1950 FT. MY CHK IN WAS 'AT 2000 FT CLB TO 3000 FT.' NYC RESPONDED WITH 'ROGER TO 3000 FT.' THE SID'S FINAL ALT CHARTED IS 2000 FT BUT WITH TEB TWR'S CLRNC TO 3000 FT WE CONTINUED OUR CLB AND IT WAS VERIFIED BY ATC. I WAS CALLED BACK BY ATC TO 'VERIFY 3000 FT.' RESPONDED 'ROGER 3.' WE WERE AGAIN ASKED TO VERIFY 3000 FT AND TO TURN TO 360 DEG HDG. READ BACK '3000 FT TURN TO 360 DEGS.' AT THIS POINT; NEW YORK DEP ASKED TO CONFIRM MY DEST OF ZZZ. I REPLIED THAT THAT WAS CORRECT. I WAS TOLD TO CALL A PHONE NUMBER UPON LNDG. I RESPONDED 'READY TO COPY.' WE WERE GIVEN A PHONE NUMBER AND TOLD TO CALL DUE TO 'ALT DEV ON THE SID.' AFTER LNDG AT ZZZ AND COMPLETING REQUIRED PAPERWORK; I ESTABLISHED PHONE CONTACT WITH MY CHIEF PLT. THE CHIEF PLT MADE CONTACT WITH THE PHONE NUMBER GIVEN WITH A RETURN NUMBER AND NAME TO RETURN THE CALL. AS OF THIS TIME NO RESPONSE HAS BEEN RECEIVED FROM NEW YORK DEP. SEVERAL CONTRIBUTING PROBS: 1) GIVEN AN ALT CHANGE TO A SID WITHOUT FULL CLARIFICATION OF INTENT OF HOW TO PROCEED PROPERLY. 2) WHEN CHKING IN WITH DEP AT PROPER ALT WITH CLRNC LIMIT WE WERE STILL CLRED TO A HIGHER ALT. 3) PHONE CALL TO NEW YORK DEP NOT RETURNED. 4) IF PHONE NUMBER IS TO A CELL PHONE; WHY WAS IT GIVEN OVER OPEN ATC CHANNEL. 5) IMPLICATION OF A VIOLATION GIVEN OVER OPEN FREQ. FIXES: WHEN ISSUING A SID CHANGE; ATC'S INTENTION SHOULD BE EASILY UNDERSTOOD. IF A POTENTIAL WRONG ALT IS READ; ATC SHOULD QUERY CREW OR CONFIRM ALT. ATC HAS MANY TIMES REQUESTED A RETURN TO ALT BEFORE; WHY NOT IN THIS SITUATION?

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.