The WX was 1300 ft overcast and 3 mi rain, snow and fog. The clearance was to 3000 ft with a last mi...

Attributes
ACN	332910
Time
Date	199604
Day	Wed
Local Time Of Day	0001 To 0600
Place
Locale Reference	airport : jfk airport : lga
State Reference	NY
Altitude	msl bound lower : 2000 msl bound upper : 2300
Environment
Flight Conditions	IMC
Light	Night
Aircraft 1
Controlling Facilities	tracon : n90
Operator	common carrier : air carrier
Make Model Name	B757 Undifferentiated or Other Model
Operating Under FAR Part	Part 121
Navigation In Use	Other Other
Flight Phase	climbout : initial climbout : intermediate altitude climbout : takeoff
Route In Use	departure other
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
ASRS Report	332910
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : commercial pilot : instrument
ASRS Report	332909
Events
Anomaly	altitude deviation : overshoot non adherence : clearance other anomaly other
Independent Detector	other controllera other flight crewa
Resolutory Action	flight crew : returned to intended course or assigned course
Consequence	faa : reviewed incident with flight crew
Supplementary
Air Traffic Incident	other

Narrative:

As a restr captain I was called before XA00 for an XE00 sign-in for a jfk/lga ferry flight. WX at departure was 1300 ft broken 3 mi in rain, snow and fog, gusting winds. Clearance was a right turn to 100 degrees and climb to 3000 ft. Passing 1600 ft the controller told us to level 2000 ft. Leveled 2300 ft and then complied with the amended clearance. Executed uneventful landing at lga. After landing called jfk departure controller to discuss the potential problems and hazards associated with last min clrncs. I was concerned because he was totally unaware of maximum power takeoffs with no passenger, minimum sleep, inexperienced crews flying in poor WX. This controller also tried to slam dunk us into lga and this crew did not accept any such clrncs. We would not allow the controller to manipulate this crew at all. To say the least, we had to detail our intentions on several occasions because I did not want to rush. Fortunately, we discussed prior to takeoff all aspects of the flight including takeoff and landing restrs as a new captain. Supplemental information from acn 332909: captain was flying, climbing 6000 FPM. We stopped our climb at 2300 ft and descended to 2000 ft. Landed at lga uneventfully. We called the controller after landing and he apologized. No harm done. Pilots should not allow controllers to rush them on an approach. Many factors came into play today which could have caused problems. ATIS was calling runway 31L the active runway, even though it had 1 inch of slush -- illegal. We had a restr captain and due to the nasty snow and high winds at lga he was not legal to fly the published approach into lga until the WX improved. Maximum power takeoff magnified the problem. Finally, because it is routine to rush a ferry flight, the controller tried to give us an intermediate leveloff to land more quickly.

Original NASA ASRS Text

Title: THE WX WAS 1300 FT OVCST AND 3 MI RAIN, SNOW AND FOG. THE CLRNC WAS TO 3000 FT WITH A LAST MIN CHANGE CLBING THROUGH 1600 FT TO LEVEL AT 2000 FT. THE HIGH RATE OF CLB PROMPTED A 300 FT OVERSHOOT. THE CTLR WAS TRYING TO BE HELPFUL AND EXPEDITE THE FLT FROM JFK TO LGA.

Narrative: AS A RESTR CAPT I WAS CALLED BEFORE XA00 FOR AN XE00 SIGN-IN FOR A JFK/LGA FERRY FLT. WX AT DEP WAS 1300 FT BROKEN 3 MI IN RAIN, SNOW AND FOG, GUSTING WINDS. CLRNC WAS A R TURN TO 100 DEGS AND CLB TO 3000 FT. PASSING 1600 FT THE CTLR TOLD US TO LEVEL 2000 FT. LEVELED 2300 FT AND THEN COMPLIED WITH THE AMENDED CLRNC. EXECUTED UNEVENTFUL LNDG AT LGA. AFTER LNDG CALLED JFK DEP CTLR TO DISCUSS THE POTENTIAL PROBS AND HAZARDS ASSOCIATED WITH LAST MIN CLRNCS. I WAS CONCERNED BECAUSE HE WAS TOTALLY UNAWARE OF MAX PWR TKOFS WITH NO PAX, MINIMUM SLEEP, INEXPERIENCED CREWS FLYING IN POOR WX. THIS CTLR ALSO TRIED TO SLAM DUNK US INTO LGA AND THIS CREW DID NOT ACCEPT ANY SUCH CLRNCS. WE WOULD NOT ALLOW THE CTLR TO MANIPULATE THIS CREW AT ALL. TO SAY THE LEAST, WE HAD TO DETAIL OUR INTENTIONS ON SEVERAL OCCASIONS BECAUSE I DID NOT WANT TO RUSH. FORTUNATELY, WE DISCUSSED PRIOR TO TKOF ALL ASPECTS OF THE FLT INCLUDING TKOF AND LNDG RESTRS AS A NEW CAPT. SUPPLEMENTAL INFO FROM ACN 332909: CAPT WAS FLYING, CLBING 6000 FPM. WE STOPPED OUR CLB AT 2300 FT AND DSNDED TO 2000 FT. LANDED AT LGA UNEVENTFULLY. WE CALLED THE CTLR AFTER LNDG AND HE APOLOGIZED. NO HARM DONE. PLTS SHOULD NOT ALLOW CTLRS TO RUSH THEM ON AN APCH. MANY FACTORS CAME INTO PLAY TODAY WHICH COULD HAVE CAUSED PROBS. ATIS WAS CALLING RWY 31L THE ACTIVE RWY, EVEN THOUGH IT HAD 1 INCH OF SLUSH -- ILLEGAL. WE HAD A RESTR CAPT AND DUE TO THE NASTY SNOW AND HIGH WINDS AT LGA HE WAS NOT LEGAL TO FLY THE PUBLISHED APCH INTO LGA UNTIL THE WX IMPROVED. MAX PWR TKOF MAGNIFIED THE PROB. FINALLY, BECAUSE IT IS ROUTINE TO RUSH A FERRY FLT, THE CTLR TRIED TO GIVE US AN INTERMEDIATE LEVELOFF TO LAND MORE QUICKLY.

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.

The WX was 1300 ft overcast and 3 mi rain, snow and fog. The clearance was to 3000 ft with a last min change climbing through 1600 ft to level at 2000 ft. The high rate of climb prompted a 300 ft overshoot. The controller was trying to be helpful and expedite the flight from jfk to lga.