Narrative:

After departure from lbx, I switched to departure control and checked in. I was the PNF, occupying the right seat. Lbx is an uncontrolled airport and we departed on an IFR clearance with a release from departure control. After checking in with departure we were issued a climb to 9000 ft. At the same time departure stated 'no speed restr.' I questioned the controller about this statement, not realizing that the speed limit release program was still in effect. The controller was not very busy with other traffic and the conversation continued about the speed limit program. As the PNF and the captain, I was interested in the controller's discussion. The conversation was still ongoing when I heard the altitude alerter sound. As the controller was making a statement, I checked our altitude and realized we were about to climb through the assigned altitude of 9000 ft. I immediately made an 'altitude' callout to make sure the PF realized what was occurring. By the time I said the callout again we had passed the altitude by approximately 100 ft. With no response from the PF and no apparent corrective action being taken, I took action by starting to push the nose over and reaching for the throttles to reduce power, at the same time calling out 'altitude, altitude' repetitively. The PF's hands were already on the throttles and he finally realized what was occurring and reduced the throttles and also pushed the nose over. Because we had such a high rate of climb and passenger on board, we passed through approximately 9700 ft MSL before reversing the trend and getting back down to 9000 ft (assigned). I apologized to the controller and asked him to repeat his last statement. Our conversation regarding the speed limit rule continued and I felt I had gained some valuable insight from the controller. The remainder of the flight was without incident. The PF stated that because the controller was talking he had not heard the altitude callouts (I honestly don't remember if I made a 1000 ft to go call). I stated to the PF that because the first officer was engaged and the aircraft altitude alert system was functioning, I didn't think the controller's conversation should prevent him from flying the aircraft. I also questioned him regarding his failure to respond to the 2 'altitude' callouts just before and just after we deviated. His response was the same. As captain, I am responsible for the aircraft, but I don't think that a pertinent conversation with ATC is a good reason for an altitude deviation. The PF is typed in the aircraft and the PIC rated in the aircraft. Maybe I'm becoming too complacent as the PNF in this type of situation.

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Original NASA ASRS Text

Title: A SMALL PAX JET OVERSHOOTS ITS ASSIGNED ALT WHEN THE CREW IS DISTR IN CONVERSATION WITH THE DEP CTLR ABOUT SPD RESTRS BELOW 10000 FT NEAR LBX, TX.

Narrative: AFTER DEP FROM LBX, I SWITCHED TO DEP CTL AND CHKED IN. I WAS THE PNF, OCCUPYING THE R SEAT. LBX IS AN UNCTLED ARPT AND WE DEPARTED ON AN IFR CLRNC WITH A RELEASE FROM DEP CTL. AFTER CHKING IN WITH DEP WE WERE ISSUED A CLB TO 9000 FT. AT THE SAME TIME DEP STATED 'NO SPD RESTR.' I QUESTIONED THE CTLR ABOUT THIS STATEMENT, NOT REALIZING THAT THE SPD LIMIT RELEASE PROGRAM WAS STILL IN EFFECT. THE CTLR WAS NOT VERY BUSY WITH OTHER TFC AND THE CONVERSATION CONTINUED ABOUT THE SPD LIMIT PROGRAM. AS THE PNF AND THE CAPT, I WAS INTERESTED IN THE CTLR'S DISCUSSION. THE CONVERSATION WAS STILL ONGOING WHEN I HEARD THE ALT ALERTER SOUND. AS THE CTLR WAS MAKING A STATEMENT, I CHKED OUR ALT AND REALIZED WE WERE ABOUT TO CLB THROUGH THE ASSIGNED ALT OF 9000 FT. I IMMEDIATELY MADE AN 'ALT' CALLOUT TO MAKE SURE THE PF REALIZED WHAT WAS OCCURRING. BY THE TIME I SAID THE CALLOUT AGAIN WE HAD PASSED THE ALT BY APPROX 100 FT. WITH NO RESPONSE FROM THE PF AND NO APPARENT CORRECTIVE ACTION BEING TAKEN, I TOOK ACTION BY STARTING TO PUSH THE NOSE OVER AND REACHING FOR THE THROTTLES TO REDUCE PWR, AT THE SAME TIME CALLING OUT 'ALT, ALT' REPETITIVELY. THE PF'S HANDS WERE ALREADY ON THE THROTTLES AND HE FINALLY REALIZED WHAT WAS OCCURRING AND REDUCED THE THROTTLES AND ALSO PUSHED THE NOSE OVER. BECAUSE WE HAD SUCH A HIGH RATE OF CLB AND PAX ON BOARD, WE PASSED THROUGH APPROX 9700 FT MSL BEFORE REVERSING THE TREND AND GETTING BACK DOWN TO 9000 FT (ASSIGNED). I APOLOGIZED TO THE CTLR AND ASKED HIM TO REPEAT HIS LAST STATEMENT. OUR CONVERSATION REGARDING THE SPD LIMIT RULE CONTINUED AND I FELT I HAD GAINED SOME VALUABLE INSIGHT FROM THE CTLR. THE REMAINDER OF THE FLT WAS WITHOUT INCIDENT. THE PF STATED THAT BECAUSE THE CTLR WAS TALKING HE HAD NOT HEARD THE ALT CALLOUTS (I HONESTLY DON'T REMEMBER IF I MADE A 1000 FT TO GO CALL). I STATED TO THE PF THAT BECAUSE THE FO WAS ENGAGED AND THE ACFT ALT ALERT SYS WAS FUNCTIONING, I DIDN'T THINK THE CTLR'S CONVERSATION SHOULD PREVENT HIM FROM FLYING THE ACFT. I ALSO QUESTIONED HIM REGARDING HIS FAILURE TO RESPOND TO THE 2 'ALT' CALLOUTS JUST BEFORE AND JUST AFTER WE DEVIATED. HIS RESPONSE WAS THE SAME. AS CAPT, I AM RESPONSIBLE FOR THE ACFT, BUT I DON'T THINK THAT A PERTINENT CONVERSATION WITH ATC IS A GOOD REASON FOR AN ALTDEV. THE PF IS TYPED IN THE ACFT AND THE PIC RATED IN THE ACFT. MAYBE I'M BECOMING TOO COMPLACENT AS THE PNF IN THIS TYPE OF SIT.

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.