Narrative:

First officer flying, captain flying in right seat we had just departed teb IFR for ilz. We had been cleared to 9000. The crew made the call out of 8000 for 9000 as required by corporate policy. Prior to reaching 9000 I turned around to replace a book into the cabinet. While turned around the altitude warning went off. The PF immediately arrested the climb at 9300 and started a descent back to our 9000 assigned altitude. I reached up and turned off the altitude encoder trying to avoid the altitude bust being noticed by ATC. This failed. ATC called and told us that our assigned altitude was 9000. I told ATC we were level at 9000, which we were at this time. ATC told us that they showed us at 9300, which we had been. Then ATC told us that the mode 'C' was lost and to turn on our encoder. I told them it was on, then ATC told us to try another transponder. I told them I would, which I did, and turned on the encoder again. The rest of the flight proceeded without incident. How could this not happen again? I should not take my head out of the loop during critical phases of the flight. I should have spent more time monitoring the flight path of the aircraft. I can only defend the misstatements to ATC by stating that the attitude of FAA in recent yrs has forced the flying professionals to do almost anything to protect their careers.

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Original NASA ASRS Text

Title: ALTDEV, CLB ABOVE ASSIGNED.

Narrative: FO FLYING, CAPT FLYING IN R SEAT WE HAD JUST DEPARTED TEB IFR FOR ILZ. WE HAD BEEN CLRED TO 9000. THE CREW MADE THE CALL OUT OF 8000 FOR 9000 AS REQUIRED BY CORPORATE POLICY. PRIOR TO REACHING 9000 I TURNED AROUND TO REPLACE A BOOK INTO THE CABINET. WHILE TURNED AROUND THE ALT WARNING WENT OFF. THE PF IMMEDIATELY ARRESTED THE CLB AT 9300 AND STARTED A DSCNT BACK TO OUR 9000 ASSIGNED ALT. I REACHED UP AND TURNED OFF THE ALT ENCODER TRYING TO AVOID THE ALT BUST BEING NOTICED BY ATC. THIS FAILED. ATC CALLED AND TOLD US THAT OUR ASSIGNED ALT WAS 9000. I TOLD ATC WE WERE LEVEL AT 9000, WHICH WE WERE AT THIS TIME. ATC TOLD US THAT THEY SHOWED US AT 9300, WHICH WE HAD BEEN. THEN ATC TOLD US THAT THE MODE 'C' WAS LOST AND TO TURN ON OUR ENCODER. I TOLD THEM IT WAS ON, THEN ATC TOLD US TO TRY ANOTHER TRANSPONDER. I TOLD THEM I WOULD, WHICH I DID, AND TURNED ON THE ENCODER AGAIN. THE REST OF THE FLT PROCEEDED WITHOUT INCIDENT. HOW COULD THIS NOT HAPPEN AGAIN? I SHOULD NOT TAKE MY HEAD OUT OF THE LOOP DURING CRITICAL PHASES OF THE FLT. I SHOULD HAVE SPENT MORE TIME MONITORING THE FLT PATH OF THE ACFT. I CAN ONLY DEFEND THE MISSTATEMENTS TO ATC BY STATING THAT THE ATTITUDE OF FAA IN RECENT YRS HAS FORCED THE FLYING PROFESSIONALS TO DO ALMOST ANYTHING TO PROTECT THEIR CAREERS.

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.