Narrative:

We were scheduled on a flight departing out of newark international. Preflight was uneventful except the captain had a verbal misunderstanding with the gate agent handling the flight, which upset the captain. Departure clearance was issued via a pre departure clearance, which was delivered to the cockpit approximately 20 min prior to pushback from the gate. On taxi-out, checklists were completed and the captain gave a takeoff briefing which described our departure, the newark 4 departure off of runway 22L. The captain read verbatim the SID: turn left to 190 degree heading, at 3 DME turn right to 220 degrees, climb and maintain 5000 ft. On climb out, we contacted ny departure and stated that we were out of 1000 ft climbing to 5000 ft. Departure acknowledged and turned us to a new heading. On climbing through 4000 ft, departure told us to stop our climb, which we did. We thought that the level off was to avoid a conflict with the preceding departure aircraft. We told departure we could maintain visual separation. He allowed us to climb again, but then stated that our clearance altitude was 2500 ft. He was correct, the pre departure clearance stated that we were cleared for the newark 4 departure except maintain 2500 ft. Why did this happen? We did not both read the pre departure clearance, thoroughly and completely. The newark 4 departure as written in our flight manual states an altitude of 5000 ft for runway 22L departures, 2500 ft for runway 4 departures. It does not mention exceptions. The pre departure clearance instructed us to call clearance prior to departure from the gate to verify the pre departure clearance. I gave clearance the transponder code and current ATIS. Clearance rogered but did not mention the exception to the SID. The pre departure clearance was hard to read as the print was very light and it was night. Departure control did not catch my call of climbing out of 1000 ft for 5000 ft. The captain gave the wrong takeoff briefing as he did not read the pre departure clearance. The captain was distraction by the conflict with the gate agent. How do we prevent a reoccurrence? Do not allow exceptions to published SID's or delete the altitudes given in the SID or mention that there may be a change in the altitude when utilizing the runway 22L departures. (Ewr frequently changes the altitude from 5000 ft to 2500 ft.) newark clearance or tower or ground should verify verbally any change to a published SID. Pilots must read the pre departure clearance carefully and completely, both pilots. The altitude alerter should never be preset with an altitude until it is read off from the pre departure clearance and verified by both pilots. Be alert for outside distrs interfering with safety of flight matters.

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Original NASA ASRS Text

Title: PDC NOT FOLLOWED. BOTH FLC MEMBERS MISSED THE ALT RESTR ON THE PDC AND CLBED THROUGH THE ASSIGNED ALT. RPTR FO HAS MISCONCEPTION THAT, WHEN A SID ALT IS REVISED, ATC SHOULD ADVISE FLC'S OF THE EXCEPTION.

Narrative: WE WERE SCHEDULED ON A FLT DEPARTING OUT OF NEWARK INTL. PREFLT WAS UNEVENTFUL EXCEPT THE CAPT HAD A VERBAL MISUNDERSTANDING WITH THE GATE AGENT HANDLING THE FLT, WHICH UPSET THE CAPT. DEP CLRNC WAS ISSUED VIA A PDC, WHICH WAS DELIVERED TO THE COCKPIT APPROX 20 MIN PRIOR TO PUSHBACK FROM THE GATE. ON TAXI-OUT, CHKLISTS WERE COMPLETED AND THE CAPT GAVE A TKOF BRIEFING WHICH DESCRIBED OUR DEP, THE NEWARK 4 DEP OFF OF RWY 22L. THE CAPT READ VERBATIM THE SID: TURN L TO 190 DEG HDG, AT 3 DME TURN R TO 220 DEGS, CLB AND MAINTAIN 5000 FT. ON CLB OUT, WE CONTACTED NY DEP AND STATED THAT WE WERE OUT OF 1000 FT CLBING TO 5000 FT. DEP ACKNOWLEDGED AND TURNED US TO A NEW HDG. ON CLBING THROUGH 4000 FT, DEP TOLD US TO STOP OUR CLB, WHICH WE DID. WE THOUGHT THAT THE LEVEL OFF WAS TO AVOID A CONFLICT WITH THE PRECEDING DEP ACFT. WE TOLD DEP WE COULD MAINTAIN VISUAL SEPARATION. HE ALLOWED US TO CLB AGAIN, BUT THEN STATED THAT OUR CLRNC ALT WAS 2500 FT. HE WAS CORRECT, THE PDC STATED THAT WE WERE CLRED FOR THE NEWARK 4 DEP EXCEPT MAINTAIN 2500 FT. WHY DID THIS HAPPEN? WE DID NOT BOTH READ THE PDC, THOROUGHLY AND COMPLETELY. THE NEWARK 4 DEP AS WRITTEN IN OUR FLT MANUAL STATES AN ALT OF 5000 FT FOR RWY 22L DEPS, 2500 FT FOR RWY 4 DEPS. IT DOES NOT MENTION EXCEPTIONS. THE PDC INSTRUCTED US TO CALL CLRNC PRIOR TO DEP FROM THE GATE TO VERIFY THE PDC. I GAVE CLRNC THE XPONDER CODE AND CURRENT ATIS. CLRNC ROGERED BUT DID NOT MENTION THE EXCEPTION TO THE SID. THE PDC WAS HARD TO READ AS THE PRINT WAS VERY LIGHT AND IT WAS NIGHT. DEP CTL DID NOT CATCH MY CALL OF CLBING OUT OF 1000 FT FOR 5000 FT. THE CAPT GAVE THE WRONG TKOF BRIEFING AS HE DID NOT READ THE PDC. THE CAPT WAS DISTR BY THE CONFLICT WITH THE GATE AGENT. HOW DO WE PREVENT A REOCCURRENCE? DO NOT ALLOW EXCEPTIONS TO PUBLISHED SID'S OR DELETE THE ALTS GIVEN IN THE SID OR MENTION THAT THERE MAY BE A CHANGE IN THE ALT WHEN UTILIZING THE RWY 22L DEPS. (EWR FREQUENTLY CHANGES THE ALT FROM 5000 FT TO 2500 FT.) NEWARK CLRNC OR TWR OR GND SHOULD VERIFY VERBALLY ANY CHANGE TO A PUBLISHED SID. PLTS MUST READ THE PDC CAREFULLY AND COMPLETELY, BOTH PLTS. THE ALT ALERTER SHOULD NEVER BE PRESET WITH AN ALT UNTIL IT IS READ OFF FROM THE PDC AND VERIFIED BY BOTH PLTS. BE ALERT FOR OUTSIDE DISTRS INTERFERING WITH SAFETY OF FLT MATTERS.

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.