CL601 flight crew climbs early on the teb 5 departure to avoid a flock of birds.

Attributes
ACN	780943
Time
Date	200804
Local Time Of Day	0601 To 1200
Place
Locale Reference	airport : teb.airport
State Reference	NJ
Altitude	msl single value : 1500
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : n90.tracon
Operator	general aviation : corporate
Make Model Name	Challenger CL601
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	company : corporate
Function	flight crew : first officer
Qualification	pilot : multi engine pilot : instrument pilot : atp pilot : commercial
Experience	flight time last 90 days : 100 flight time total : 18900 flight time type : 3000
ASRS Report	780943
Person 2
Affiliation	company : corporate
Function	flight crew : captain oversight : pic
Qualification	pilot : multi engine pilot : atp pilot : commercial pilot : instrument
Experience	flight time last 90 days : 85 flight time total : 17600 flight time type : 2100
ASRS Report	780944
Events
Anomaly	altitude deviation : excursion from assigned altitude inflight encounter : birds non adherence : published procedure
Independent Detector	other controllera other flight crewa
Resolutory Action	flight crew : took precautionary avoidance action
Consequence	faa : reviewed incident with flight crew
Miss Distance	vertical : 100
Supplementary
Problem Areas	Flight Crew Human Performance Environmental Factor
Primary Problem	Environmental Factor

Narrative:

Departed teb on teb 5 SID -- initiated early climb at 4.0 DME to fly over large flock of migratory birds. Controller made an issue of the deviation. However; in our opinion it was safer to fly over the birds than through them. No other aircraft noted on teb 5. We had no time to advise departure control of immediate action.supplemental information from acn 780944: departed teb on runway 24; teb 5 SID; climbed .5 DME early to avoid a flock of birds leveled off at 2000 ft; SID altitude 1500 ft. Controller issued a climb to 6000 ft. At 6000 ft the controller gave us a frequency change and said we had busted the SID altitude. The deviation was a safety issue; no other aircraft were on TCAS.

Original NASA ASRS Text

Title: CL601 FLT CREW CLBS EARLY ON THE TEB 5 DEP TO AVOID A FLOCK OF BIRDS.

Narrative: DEPARTED TEB ON TEB 5 SID -- INITIATED EARLY CLB AT 4.0 DME TO FLY OVER LARGE FLOCK OF MIGRATORY BIRDS. CTLR MADE AN ISSUE OF THE DEVIATION. HOWEVER; IN OUR OPINION IT WAS SAFER TO FLY OVER THE BIRDS THAN THROUGH THEM. NO OTHER ACFT NOTED ON TEB 5. WE HAD NO TIME TO ADVISE DEP CTL OF IMMEDIATE ACTION.SUPPLEMENTAL INFO FROM ACN 780944: DEPARTED TEB ON RWY 24; TEB 5 SID; CLBED .5 DME EARLY TO AVOID A FLOCK OF BIRDS LEVELED OFF AT 2000 FT; SID ALTITUDE 1500 FT. CTLR ISSUED A CLB TO 6000 FT. AT 6000 FT THE CTLR GAVE US A FREQ CHANGE AND SAID WE HAD BUSTED THE SID ALTITUDE. THE DEV WAS A SAFETY ISSUE; NO OTHER ACFT WERE ON TCAS.

Data retrieved from NASA's ASRS site as of May 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.