Narrative:

The pre-departure clearance (pre departure clearance) was delivered to the cockpit just prior to pushback. The first officer set the transponder code and altitude alert per the ewr 4 departure (5000 ft). After takeoff on 22L, ewr tower advised 'contact ny departure 119.2.' the first officer was flying, I was handling communications. I called ny departure and reported leaving 1800 ft. Passing 2500 ft, ny departure said 'maintain 2500.' I said 'we are through 2500, we'll go back down.' the peak altitude I saw was 2900. Ny departure said, 'didn't the tower give you 2500?' I said, 'no, the pre departure clearance said 5000 and that's where we were going.' after hesitating a moment, ny departure instructed us to turn to 310 degrees/climb to 10000. Nothing else was said and departure handed us off to another frequency. Leaving 10000 and proceeding on course, I checked the pre departure clearance, and it did in fact say newark 4 departure...'except' maintain 2500. Both the first officer and I missed seeing the 'exception' to the published SID. Reference corrective action -- I suggest any amendment or exception to the SID be handled as WX or traffic rertes are handled, i.e., -- pre departure clearance should be suspended and a contact to clearance delivery be made for a reading of the clearance and a readback be made. Newark appears to be especially bad about changing the clearance. Prior to initiating the pre departure clearance procedure, I have received the ewr 4 departure from clearance delivery which states 5000 ft. Taxiing out get 2500 from ground control, and the 'maintain 5000' on ewr 4 from the tower when told to 'taxi into position and hold' -- then 'cleared for takeoff, maintain 2500.' after takeoff, I've been tempted to ask 'have you changed your mind again.' confusing to say the least. Supplemental information from acn 226381: I inadvertently overlooked the amended altitude of 2500 ft on the newark 4 SID on the pre departure clearance. To aid in preventing a recurrence, the use of pre departure clearance's that H ave exceptions to either altitudes and/or route changes should either be suspended and a formal readback of the amended portion be given by clearance delivery or the format of the pre departure clearance should be altered so as to 'flag' any change to a standard printed procedure. Under the current system, it's easy to miss an exception.

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Original NASA ASRS Text

Title: AN LGT ACR CREW CLBED THROUGH ITS ASSIGNED ALT ON DEP. THEIR PRE-DEP CLRNC AMENDED THE ALT THAT WAS PUBLISHED ON THE NEWARK 4 SID.

Narrative: THE PRE-DEP CLRNC (PDC) WAS DELIVERED TO THE COCKPIT JUST PRIOR TO PUSHBACK. THE FO SET THE TRANSPONDER CODE AND ALT ALERT PER THE EWR 4 DEP (5000 FT). AFTER TKOF ON 22L, EWR TWR ADVISED 'CONTACT NY DEP 119.2.' THE FO WAS FLYING, I WAS HANDLING COMS. I CALLED NY DEP AND RPTED LEAVING 1800 FT. PASSING 2500 FT, NY DEP SAID 'MAINTAIN 2500.' I SAID 'WE ARE THROUGH 2500, WE'LL GO BACK DOWN.' THE PEAK ALT I SAW WAS 2900. NY DEP SAID, 'DIDN'T THE TWR GIVE YOU 2500?' I SAID, 'NO, THE PDC SAID 5000 AND THAT'S WHERE WE WERE GOING.' AFTER HESITATING A MOMENT, NY DEP INSTRUCTED US TO TURN TO 310 DEGS/CLB TO 10000. NOTHING ELSE WAS SAID AND DEP HANDED US OFF TO ANOTHER FREQ. LEAVING 10000 AND PROCEEDING ON COURSE, I CHKED THE PDC, AND IT DID IN FACT SAY NEWARK 4 DEP...'EXCEPT' MAINTAIN 2500. BOTH THE FO AND I MISSED SEEING THE 'EXCEPTION' TO THE PUBLISHED SID. REF CORRECTIVE ACTION -- I SUGGEST ANY AMENDMENT OR EXCEPTION TO THE SID BE HANDLED AS WX OR TFC RERTES ARE HANDLED, I.E., -- PDC SHOULD BE SUSPENDED AND A CONTACT TO CLRNC DELIVERY BE MADE FOR A READING OF THE CLRNC AND A READBACK BE MADE. NEWARK APPEARS TO BE ESPECIALLY BAD ABOUT CHANGING THE CLRNC. PRIOR TO INITIATING THE PDC PROC, I HAVE RECEIVED THE EWR 4 DEP FROM CLRNC DELIVERY WHICH STATES 5000 FT. TAXIING OUT GET 2500 FROM GND CTL, AND THE 'MAINTAIN 5000' ON EWR 4 FROM THE TWR WHEN TOLD TO 'TAXI INTO POS AND HOLD' -- THEN 'CLRED FOR TKOF, MAINTAIN 2500.' AFTER TKOF, I'VE BEEN TEMPTED TO ASK 'HAVE YOU CHANGED YOUR MIND AGAIN.' CONFUSING TO SAY THE LEAST. SUPPLEMENTAL INFO FROM ACN 226381: I INADVERTENTLY OVERLOOKED THE AMENDED ALT OF 2500 FT ON THE NEWARK 4 SID ON THE PDC. TO AID IN PREVENTING A RECURRENCE, THE USE OF PDC'S THAT H AVE EXCEPTIONS TO EITHER ALTS AND/OR RTE CHANGES SHOULD EITHER BE SUSPENDED AND A FORMAL READBACK OF THE AMENDED PORTION BE GIVEN BY CLRNC DELIVERY OR THE FORMAT OF THE PDC SHOULD BE ALTERED SO AS TO 'FLAG' ANY CHANGE TO A STANDARD PRINTED PROC. UNDER THE CURRENT SYS, IT'S EASY TO MISS AN EXCEPTION.

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.