Narrative:

Due to heavy takeoff, V2F (zero flap) speed was 278 KTS. Departure controller asked our speed, and was very upset when told. Advised him it was due to heavy weight, and were complying with certification requirements. He told us we should have 'kept the flaps hanging' until 10000 ft. Far 91.117D allows this. He kept verbally haranguing us on the radio, then contacted our dispatch. While he might have linked an 'advisory,' I do not believe this is required (far 91.117D). I feel the controller's conduct/comments were unwarranted, unprofessional, and out of line.

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Original NASA ASRS Text

Title: DEP RADAR CTLR COMPLAINED TO THE FLC OF A WDB REGARDING THEIR AIRSPD EXCEEDING THE MAX UNDER 10000 FT DUE TO THE ACFT'S WT RESTR CLB WITH FLAPS UP IS ABOVE 205 KTS. CTLR BELIEVED THAT THE REG REQUIRED THEM TO HAVE PRIOR ATC APPROVAL OR LEAVE THE FLAPS DOWN.

Narrative: DUE TO HVY TKOF, V2F (ZERO FLAP) SPD WAS 278 KTS. DEP CTLR ASKED OUR SPD, AND WAS VERY UPSET WHEN TOLD. ADVISED HIM IT WAS DUE TO HVY WT, AND WERE COMPLYING WITH CERTIFICATION REQUIREMENTS. HE TOLD US WE SHOULD HAVE 'KEPT THE FLAPS HANGING' UNTIL 10000 FT. FAR 91.117D ALLOWS THIS. HE KEPT VERBALLY HARANGUING US ON THE RADIO, THEN CONTACTED OUR DISPATCH. WHILE HE MIGHT HAVE LINKED AN 'ADVISORY,' I DO NOT BELIEVE THIS IS REQUIRED (FAR 91.117D). I FEEL THE CTLR'S CONDUCT/COMMENTS WERE UNWARRANTED, UNPROFESSIONAL, AND OUT OF LINE.

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.