BE400 captain has misunderstanding with N90 controller during teb 5 departure.

Attributes
ACN	736292
Time
Date	200704
Local Time Of Day	1201 To 1800
Place
Locale Reference	airport : teb.airport
State Reference	NJ
Altitude	msl single value : 1500
Environment
Flight Conditions	IMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : n90.tracon
Operator	common carrier : charter
Make Model Name	Beechjet 400
Operating Under FAR Part	Part 135
Flight Phase	climbout : initial
Route In Use	departure sid : teb 5
Flight Plan	IFR
Person 1
Affiliation	company : charter
Function	flight crew : captain oversight : pic
Qualification	pilot : atp pilot : cfi pilot : multi engine
Experience	flight time last 90 days : 100 flight time total : 5200 flight time type : 100
ASRS Report	736292
Person 2
Affiliation	government : faa
Function	controller : departure
Events
Anomaly	other anomaly other
Independent Detector	other flight crewa
Resolutory Action	none taken : anomaly accepted
Supplementary
Problem Areas	Airspace Structure ATC Human Performance Flight Crew Human Performance
Primary Problem	Ambiguous

Narrative:

While departing teb on the teb 5 departure; the instructions read to climb runway heading to 1500 ft; then right turn to 280 degrees; then at teb 4.5 DME climb and maintain 2000 ft. This is in conjunction with doing a noise abatement takeoff procedure in IFR conditions. After being handed off to departure; I checked in; and told ny departure that I was climbing to 2000 ft; my cleared altitude; although at this segment of the procedure I was limited to 1500 ft. ATC responded to maintain 1500 ft; stating that newark approaches were overhead; which I acknowledged. After reaching the 4.5 DME point I queried ATC three times; whether he wanted me to stay at 1500 ft or climb to 2000 ft. There was no answer until he cleared me to 10000 ft and a heading of 330 degrees. I was confused about if ATC wanted me to stay at 1500 ft just until the 4.5 DME fix; or until given another climb clearance. The controller should have been more clear in his instructions; stating that I should either or neither climb at the 4.5 DME fix. With the combination of confusing departure procedures; busy ATC controllers; noise abatement procedures; and IFR WX; I am surprised that more deviations and incidents are not occurring in the teb area.

Original NASA ASRS Text

Title: BE400 CAPT HAS MISUNDERSTANDING WITH N90 CTLR DURING TEB 5 DEP.

Narrative: WHILE DEPARTING TEB ON THE TEB 5 DEP; THE INSTRUCTIONS READ TO CLB RWY HEADING TO 1500 FT; THEN R TURN TO 280 DEGS; THEN AT TEB 4.5 DME CLB AND MAINTAIN 2000 FT. THIS IS IN CONJUNCTION WITH DOING A NOISE ABATEMENT TAKEOFF PROC IN IFR CONDITIONS. AFTER BEING HANDED OFF TO DEP; I CHKED IN; AND TOLD NY DEP THAT I WAS CLBING TO 2000 FT; MY CLRED ALT; ALTHOUGH AT THIS SEGMENT OF THE PROC I WAS LIMITED TO 1500 FT. ATC RESPONDED TO MAINTAIN 1500 FT; STATING THAT NEWARK APPROACHES WERE OVERHEAD; WHICH I ACKNOWLEDGED. AFTER REACHING THE 4.5 DME POINT I QUERIED ATC THREE TIMES; WHETHER HE WANTED ME TO STAY AT 1500 FT OR CLB TO 2000 FT. THERE WAS NO ANSWER UNTIL HE CLRED ME TO 10000 FT AND A HEADING OF 330 DEGS. I WAS CONFUSED ABOUT IF ATC WANTED ME TO STAY AT 1500 FT JUST UNTIL THE 4.5 DME FIX; OR UNTIL GIVEN ANOTHER CLB CLRNC. THE CTLR SHOULD HAVE BEEN MORE CLR IN HIS INSTRUCTIONS; STATING THAT I SHOULD EITHER OR NEITHER CLB AT THE 4.5 DME FIX. WITH THE COMBINATION OF CONFUSING DEP PROCS; BUSY ATC CTLRS; NOISE ABATEMENT PROCS; AND IFR WX; I AM SURPRISED THAT MORE DEVIATIONS AND INCIDENTS ARE NOT OCCURRING IN THE TEB AREA.

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.