Narrative:

I was the captain on an N265 sabreliner. We were departing hpn part 91 returning to toledo, oh, from a part 135 charter. The first officer and I picked up our IFR clearance and did our required checklists. We taxied out to runway 34, briefed the required noise abatement nd departure procedures. The first officer called departure and told them we were ready #1 for departure on runway 34. ATC said cleared to go and to contact him on the departure frequency. The white plains tower is closed at XA15, so we made our intentions be known over the radio and departed. Following departure we did the noise abatement procedure as prescribed by the sabreliner flight manual. Published procedure for white plains is v2plus10, adjust power to maintain 1000 ft rate of climb at 1000 ft, turn left to 295 degrees at 2500 ft, cleared as filed. This is were things got interesting. My first officer checked on to departure at 1300 ft runway heading, which in fact was true. I had not started my turn because, with the reduced power, slow airspeed, sluggish rate of climb, business in the cockpit, I did not feel safe nor comfortable with turning at that point in time. ATC comes back with, 'why aren't you in the turn?' my first officer, not expecting that kind of reply, was thrown off and starts to become confused. The first officer replies, 'we will start the right turn now.' he meant to say left, but it came out right. Mistakes happen. The next thing that the ATC specialist said did nothing but compromise the safety of my aircraft, and create confusion in the cockpit. In his exact words, 'you didn't read the departure did you?' now, in that very instant, my first officer is confused. He doesn't know what to do. I have an ATC specialist in an adversarial role, not doing his job, chastising my crew and me. I have an aircraft that is not performing because of noise abatement procedures. Now I have to straighten things out between my first officer and I, and an unhelpful, unwilling ATC specialist. Not a good thing! By this time I have started my turn. ATC comes back quite sharply, turn 270 degrees, climb and maintain (I believe) 13000 ft. Then we proceed on our way. We had no other problems the rest of the flight. I was close to declaring an emergency due to lack of service! That 30 seconds did not have to be that way. In flying, everything has a cadence, a rhythm, when it's broken it takes a while to comprehend and to react to. If ATC on the first call would have said 'sabre (XXX) radar contact, turn to 295 degrees, climb and maintain 13000 ft,' all would have been fine. No, he comes back with a question. In this particular situation I do not have time for this. If he would have been part of the solution and not part of the problem this would not be an issue. In my opinion the contributing factors were: 1) an ATC specialist that was not doing his job by not providing service in a timely fashion. Being adversarial is, at best, the only way I can describe this fellow. 2) noise abatement procedure that renders an aircraft virtually pwrless and unable to climb. 3) the late hour at which we were flying did not help. We were well within our duty and flight time, but it was late. Way back when, there was a rule that stated if you were going to be a controller you had to be a pilot. Maybe that was a good rule. ATC hasn't a clue what it's like to put up with an aircraft, crew and a jerk on the radio. That guy compromised the safety of my ship! Noise abatement: it's tough to make a 1960's technology aircraft comply with 1996 rules. Either regulate us out of the air or don't screw with us.

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Original NASA ASRS Text

Title: CAPT OF AN NA265 FAILED TO TURN PER SID OFF HPN, AND WHEN QUESTIONED BY DEP CTLR, THE FO GOT CONFUSED AND RPTED TURNING THE WRONG WAY. CAPT CLAIMS HE WAS FOLLOWING NOISE ABATEMENT PROC PER ACFT MANUFACTURER'S MANUAL, AND SAID HE COULD NOT TURN AT ALT ON SID AND THAT DEP CTLR WAS ADVERSARIAL WHICH ADDED TO THE FO'S CONFUSION.

Narrative: I WAS THE CAPT ON AN N265 SABRELINER. WE WERE DEPARTING HPN PART 91 RETURNING TO TOLEDO, OH, FROM A PART 135 CHARTER. THE FO AND I PICKED UP OUR IFR CLRNC AND DID OUR REQUIRED CHKLISTS. WE TAXIED OUT TO RWY 34, BRIEFED THE REQUIRED NOISE ABATEMENT ND DEP PROCS. THE FO CALLED DEP AND TOLD THEM WE WERE READY #1 FOR DEP ON RWY 34. ATC SAID CLRED TO GO AND TO CONTACT HIM ON THE DEP FREQ. THE WHITE PLAINS TWR IS CLOSED AT XA15, SO WE MADE OUR INTENTIONS BE KNOWN OVER THE RADIO AND DEPARTED. FOLLOWING DEP WE DID THE NOISE ABATEMENT PROC AS PRESCRIBED BY THE SABRELINER FLT MANUAL. PUBLISHED PROC FOR WHITE PLAINS IS V2PLUS10, ADJUST PWR TO MAINTAIN 1000 FT RATE OF CLB AT 1000 FT, TURN L TO 295 DEGS AT 2500 FT, CLRED AS FILED. THIS IS WERE THINGS GOT INTERESTING. MY FO CHKED ON TO DEP AT 1300 FT RWY HDG, WHICH IN FACT WAS TRUE. I HAD NOT STARTED MY TURN BECAUSE, WITH THE REDUCED PWR, SLOW AIRSPD, SLUGGISH RATE OF CLB, BUSINESS IN THE COCKPIT, I DID NOT FEEL SAFE NOR COMFORTABLE WITH TURNING AT THAT POINT IN TIME. ATC COMES BACK WITH, 'WHY AREN'T YOU IN THE TURN?' MY FO, NOT EXPECTING THAT KIND OF REPLY, WAS THROWN OFF AND STARTS TO BECOME CONFUSED. THE FO REPLIES, 'WE WILL START THE R TURN NOW.' HE MEANT TO SAY L, BUT IT CAME OUT R. MISTAKES HAPPEN. THE NEXT THING THAT THE ATC SPECIALIST SAID DID NOTHING BUT COMPROMISE THE SAFETY OF MY ACFT, AND CREATE CONFUSION IN THE COCKPIT. IN HIS EXACT WORDS, 'YOU DIDN'T READ THE DEP DID YOU?' NOW, IN THAT VERY INSTANT, MY FO IS CONFUSED. HE DOESN'T KNOW WHAT TO DO. I HAVE AN ATC SPECIALIST IN AN ADVERSARIAL ROLE, NOT DOING HIS JOB, CHASTISING MY CREW AND ME. I HAVE AN ACFT THAT IS NOT PERFORMING BECAUSE OF NOISE ABATEMENT PROCS. NOW I HAVE TO STRAIGHTEN THINGS OUT BTWN MY FO AND I, AND AN UNHELPFUL, UNWILLING ATC SPECIALIST. NOT A GOOD THING! BY THIS TIME I HAVE STARTED MY TURN. ATC COMES BACK QUITE SHARPLY, TURN 270 DEGS, CLB AND MAINTAIN (I BELIEVE) 13000 FT. THEN WE PROCEED ON OUR WAY. WE HAD NO OTHER PROBS THE REST OF THE FLT. I WAS CLOSE TO DECLARING AN EMER DUE TO LACK OF SVC! THAT 30 SECONDS DID NOT HAVE TO BE THAT WAY. IN FLYING, EVERYTHING HAS A CADENCE, A RHYTHM, WHEN IT'S BROKEN IT TAKES A WHILE TO COMPREHEND AND TO REACT TO. IF ATC ON THE FIRST CALL WOULD HAVE SAID 'SABRE (XXX) RADAR CONTACT, TURN TO 295 DEGS, CLB AND MAINTAIN 13000 FT,' ALL WOULD HAVE BEEN FINE. NO, HE COMES BACK WITH A QUESTION. IN THIS PARTICULAR SIT I DO NOT HAVE TIME FOR THIS. IF HE WOULD HAVE BEEN PART OF THE SOLUTION AND NOT PART OF THE PROB THIS WOULD NOT BE AN ISSUE. IN MY OPINION THE CONTRIBUTING FACTORS WERE: 1) AN ATC SPECIALIST THAT WAS NOT DOING HIS JOB BY NOT PROVIDING SERVICE IN A TIMELY FASHION. BEING ADVERSARIAL IS, AT BEST, THE ONLY WAY I CAN DESCRIBE THIS FELLOW. 2) NOISE ABATEMENT PROC THAT RENDERS AN ACFT VIRTUALLY PWRLESS AND UNABLE TO CLB. 3) THE LATE HR AT WHICH WE WERE FLYING DID NOT HELP. WE WERE WELL WITHIN OUR DUTY AND FLT TIME, BUT IT WAS LATE. WAY BACK WHEN, THERE WAS A RULE THAT STATED IF YOU WERE GOING TO BE A CTLR YOU HAD TO BE A PLT. MAYBE THAT WAS A GOOD RULE. ATC HASN'T A CLUE WHAT IT'S LIKE TO PUT UP WITH AN ACFT, CREW AND A JERK ON THE RADIO. THAT GUY COMPROMISED THE SAFETY OF MY SHIP! NOISE ABATEMENT: IT'S TOUGH TO MAKE A 1960'S TECHNOLOGY ACFT COMPLY WITH 1996 RULES. EITHER REGULATE US OUT OF THE AIR OR DON'T SCREW WITH US.

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.