CE750 flight crew makes improper initial contact with N90 with the controller reading the teb 5 over...

Attributes
ACN	740862
Time
Date	200706
Local Time Of Day	1201 To 1800
Place
Locale Reference	airport : teb.airport
State Reference	NJ
Altitude	msl single value : 1500
Environment
Flight Conditions	VMC
Light	Night
Aircraft 1
Controlling Facilities	tracon : n90.tracon
Operator	general aviation : personal
Make Model Name	Citation X
Operating Under FAR Part	Part 91
Flight Phase	climbout : initial
Route In Use	departure sid : teb 5
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 : 10000 flight time type : 2500
ASRS Report	740862
Person 2
Affiliation	government : faa
Function	controller : departure
Events
Anomaly	non adherence : clearance non adherence : published procedure other spatial deviation
Independent Detector	other controllera other flight crewa
Resolutory Action	controller : issued advisory flight crew : returned to intended or assigned course
Supplementary
Problem Areas	ATC Human Performance Chart Or Publication Flight Crew Human Performance Airspace Structure
Primary Problem	Flight Crew Human Performance

Narrative:

We briefed the departure and had 1500 ft set in the altitude alerter for the teb 5 departure from runway 24 in teb. The clearance limit for this departure is 2000 ft after passing 4.5 DME from teb. When teb tower switched us over to ny departure; we checked on 'passing 1200 ft for 2000 ft;' as the clearance limit stated; however; we were going to level off at 1500 ft until the 4.5 DME point. The ny departure controller; believing we were climbing to 2000 ft; quickly corrected us by indicating that we should only climb to 1500 ft until passing the 4.5 DME point and then he began to read to us the entire textual procedure for the departure over the radio. During this long and agitated sounding dissertation; I leveled off at 1500 ft but did not initiate the required turn to 280 degrees as soon as I reached 1500 ft. Instead I remembered the turn after the controller finished his dissertation at approximately 4.0 DME from teb. At this point the controller noticed the delay in the turn and asked us our heading. My first officer said we were in the turn to 280 degrees; to which we got another complete reread of the departure procedure; along with a stern remark advising us to situation down and learn the procedure before our next visit to teb. I believe this chain of events began with a phraseology ambiguity between what we were climbing to and what we were cleared to in the ATC clearance. The controller; expecting an error; picked the wrong time to distract me from my duties with his long winded; educational speech which caused me to forget the turn to 280 degrees. If our departure from the SID put us in harm's way; a clearance command should have been issued to keep us safe. Not a lengthy lecture which should have been held until we reached a safe altitude. This flight departed after 7.5 hours of duty and late at night; which may also have contributed to the heading deviation. The teb 5 departure is a little ambiguous when checking on with departure. If they are expecting us to check in stating we are climbing to 1500 ft instead of 2000 ft; then a note should be added to the SID or the procedure changed.

Original NASA ASRS Text

Title: CE750 FLT CREW MAKES IMPROPER INITIAL CONTACT WITH N90 WITH THE CTLR READING THE TEB 5 OVER THE RADIO; CAUSING THE RPTR TO MISS THE TURN TO 280 DEGS AT 1500 FT.

Narrative: WE BRIEFED THE DEP AND HAD 1500 FT SET IN THE ALT ALERTER FOR THE TEB 5 DEP FROM RWY 24 IN TEB. THE CLRNC LIMIT FOR THIS DEP IS 2000 FT AFTER PASSING 4.5 DME FROM TEB. WHEN TEB TWR SWITCHED US OVER TO NY DEP; WE CHKED ON 'PASSING 1200 FT FOR 2000 FT;' AS THE CLRNC LIMIT STATED; HOWEVER; WE WERE GOING TO LEVEL OFF AT 1500 FT UNTIL THE 4.5 DME POINT. THE NY DEP CTLR; BELIEVING WE WERE CLBING TO 2000 FT; QUICKLY CORRECTED US BY INDICATING THAT WE SHOULD ONLY CLB TO 1500 FT UNTIL PASSING THE 4.5 DME POINT AND THEN HE BEGAN TO READ TO US THE ENTIRE TEXTUAL PROC FOR THE DEP OVER THE RADIO. DURING THIS LONG AND AGITATED SOUNDING DISSERTATION; I LEVELED OFF AT 1500 FT BUT DID NOT INITIATE THE REQUIRED TURN TO 280 DEGS AS SOON AS I REACHED 1500 FT. INSTEAD I REMEMBERED THE TURN AFTER THE CTLR FINISHED HIS DISSERTATION AT APPROX 4.0 DME FROM TEB. AT THIS POINT THE CTLR NOTICED THE DELAY IN THE TURN AND ASKED US OUR HEADING. MY FO SAID WE WERE IN THE TURN TO 280 DEGS; TO WHICH WE GOT ANOTHER COMPLETE REREAD OF THE DEP PROC; ALONG WITH A STERN REMARK ADVISING US TO SIT DOWN AND LEARN THE PROC BEFORE OUR NEXT VISIT TO TEB. I BELIEVE THIS CHAIN OF EVENTS BEGAN WITH A PHRASEOLOGY AMBIGUITY BETWEEN WHAT WE WERE CLBING TO AND WHAT WE WERE CLRED TO IN THE ATC CLRNC. THE CTLR; EXPECTING AN ERROR; PICKED THE WRONG TIME TO DISTRACT ME FROM MY DUTIES WITH HIS LONG WINDED; EDUCATIONAL SPEECH WHICH CAUSED ME TO FORGET THE TURN TO 280 DEGS. IF OUR DEP FROM THE SID PUT US IN HARM'S WAY; A CLRNC COMMAND SHOULD HAVE BEEN ISSUED TO KEEP US SAFE. NOT A LENGTHY LECTURE WHICH SHOULD HAVE BEEN HELD UNTIL WE REACHED A SAFE ALT. THIS FLT DEPARTED AFTER 7.5 HOURS OF DUTY AND LATE AT NIGHT; WHICH MAY ALSO HAVE CONTRIBUTED TO THE HEADING DEV. THE TEB 5 DEP IS A LITTLE AMBIGUOUS WHEN CHKING ON WITH DEP. IF THEY ARE EXPECTING US TO CHK IN STATING WE ARE CLBING TO 1500 FT INSTEAD OF 2000 FT; THEN A NOTE SHOULD BE ADDED TO THE SID OR THE PROC CHANGED.

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.

CE750 flight crew makes improper initial contact with N90 with the controller reading the teb 5 over the radio; causing the reporter to miss the turn to 280 degrees at 1500 ft.