Narrative:

Air carrier X after takeoff on runway 4L at ewr on the ewr 3 departure. We were to level off at 2500', as per the SID. The copilot was flying and I was working the radios. At 2000' I called 500' to level off, and we got a TCAS traffic advisory with an amber solid circle and aural warning, 'traffic, traffic.' I called out the bearing and distance as per our company procedures, and then we both looked outside for the traffic. We saw the traffic and it was no factor, being 2 mi abeam of us and heading in the opp direction. However, we were now at 3000' and the controller reminded us that we were to maintain 2500'. While we were descending back to 2500' the controller then issued a clearance to climb to 8000'. I think he noticed our mistake and made us legal by giving us a higher altitude to climb to. I believe some factors were: 1) the first officer and I were distracted at a critical point in the departure by the TCAS warning which was new to both of us. 2) the first officer should have engaged (and I should have encouraged him to engage) the automation of the aircraft autoplt/flight director on that particular departure because of the heavy workload that it imposes on this type of aircraft with only 2 pilots. In retrospect, I think that we were both surprised by the TCAS warning which distracted both of us. Next time I will not be so ready to devote so much of my time and attention to finding the traffic, unless it is a resolution advisory, and pay more attention to what the aircraft is doing.

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Original NASA ASRS Text

Title: ACR X NON ADHERENCE TO ATC CLRNC.

Narrative: ACR X AFTER TKOF ON RWY 4L AT EWR ON THE EWR 3 DEP. WE WERE TO LEVEL OFF AT 2500', AS PER THE SID. THE COPLT WAS FLYING AND I WAS WORKING THE RADIOS. AT 2000' I CALLED 500' TO LEVEL OFF, AND WE GOT A TCAS TFC ADVISORY WITH AN AMBER SOLID CIRCLE AND AURAL WARNING, 'TFC, TFC.' I CALLED OUT THE BEARING AND DISTANCE AS PER OUR COMPANY PROCS, AND THEN WE BOTH LOOKED OUTSIDE FOR THE TFC. WE SAW THE TFC AND IT WAS NO FACTOR, BEING 2 MI ABEAM OF US AND HDG IN THE OPP DIRECTION. HOWEVER, WE WERE NOW AT 3000' AND THE CTLR REMINDED US THAT WE WERE TO MAINTAIN 2500'. WHILE WE WERE DSNDING BACK TO 2500' THE CTLR THEN ISSUED A CLRNC TO CLB TO 8000'. I THINK HE NOTICED OUR MISTAKE AND MADE US LEGAL BY GIVING US A HIGHER ALT TO CLB TO. I BELIEVE SOME FACTORS WERE: 1) THE F/O AND I WERE DISTRACTED AT A CRITICAL POINT IN THE DEP BY THE TCAS WARNING WHICH WAS NEW TO BOTH OF US. 2) THE F/O SHOULD HAVE ENGAGED (AND I SHOULD HAVE ENCOURAGED HIM TO ENGAGE) THE AUTOMATION OF THE ACFT AUTOPLT/FLT DIRECTOR ON THAT PARTICULAR DEP BECAUSE OF THE HEAVY WORKLOAD THAT IT IMPOSES ON THIS TYPE OF ACFT WITH ONLY 2 PLTS. IN RETROSPECT, I THINK THAT WE WERE BOTH SURPRISED BY THE TCAS WARNING WHICH DISTRACTED BOTH OF US. NEXT TIME I WILL NOT BE SO READY TO DEVOTE SO MUCH OF MY TIME AND ATTN TO FINDING THE TFC, UNLESS IT IS A RESOLUTION ADVISORY, AND PAY MORE ATTN TO WHAT THE ACFT IS DOING.

Data retrieved from NASA's ASRS site as of July 2007 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.