Mdt crew flying a modified SID departed assigned altitude at the DME fix instead of at ATC's request...

Attributes
ACN	510556
Time
Date	200105
Day	Tue
Local Time Of Day	1201 To 1800
Place
Locale Reference	airport : teb.airport
State Reference	NJ
Altitude	msl bound lower : 1500 msl bound upper : 2000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : n90.tracon
Operator	general aviation : corporate
Make Model Name	Medium Transport, Low Wing, 2 Turbojet Eng
Operating Under FAR Part	Part 91
Flight Phase	climbout : initial
Flight Plan	IFR
Person 1
Affiliation	company : corporate
Function	flight crew : captain oversight : pic
Qualification	pilot : multi engine pilot : instrument pilot : commercial pilot : cfi pilot : atp
Experience	flight time last 90 days : 70 flight time total : 9000 flight time type : 1000
ASRS Report	510556
Person 2
Affiliation	company : corporate
Function	flight crew : first officer
Events
Anomaly	altitude deviation : overshoot non adherence : clearance
Independent Detector	atc equipment other atc equipment : radar other controllera
Resolutory Action	controller : issued advisory controller : issued new clearance
Consequence	faa : reviewed incident with flight crew
Supplementary
Problem Areas	Flight Crew Human Performance ATC Human Performance
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

Departed runway 24 at teb. Clearance was to fly teb 4 departure. Procedure calls for climb to 1500 ft MSL until passing 4.5 DME and continue climb to 3000 ft MSL. Crew briefed each other on departure before takeoff. After takeoff, new york departure called traffic and instructed crew to fly and maintain 1500 ft MSL in accordance with the SID. The crew read back to maintain 1500 ft AGL in accordance with the departure. At 4.5 DME crew started slow climb to 3000 ft MSL. New york departure instructed us that we were flying a funny looking 1500 ft MSL. Crew stated that we were given clearance to fly in accordance with the SID. ATC disagreed, stating we were cleared to maintain 1500 ft MSL and fly the departure. Noticeably absent was the term 'in accordance.' new york departure stated, it didn't matter and issued a clearance to higher altitude. There was no known traffic conflict to the flight crew. I feel contributed factors were. Radio congestion, dense traffic, and nonstandard phraseology. The crew has flown to teb for over 20 yrs and has never been instructed to 'fly an altitude in accordance with the SID.' we should have questioned clearance.

Original NASA ASRS Text

Title: MDT CREW FLYING A MODIFIED SID DEPARTED ASSIGNED ALT AT THE DME FIX INSTEAD OF AT ATC'S REQUEST.

Narrative: DEPARTED RWY 24 AT TEB. CLRNC WAS TO FLY TEB 4 DEP. PROC CALLS FOR CLB TO 1500 FT MSL UNTIL PASSING 4.5 DME AND CONTINUE CLB TO 3000 FT MSL. CREW BRIEFED EACH OTHER ON DEP BEFORE TKOF. AFTER TKOF, NEW YORK DEP CALLED TFC AND INSTRUCTED CREW TO FLY AND MAINTAIN 1500 FT MSL IN ACCORDANCE WITH THE SID. THE CREW READ BACK TO MAINTAIN 1500 FT AGL IN ACCORDANCE WITH THE DEP. AT 4.5 DME CREW STARTED SLOW CLB TO 3000 FT MSL. NEW YORK DEP INSTRUCTED US THAT WE WERE FLYING A FUNNY LOOKING 1500 FT MSL. CREW STATED THAT WE WERE GIVEN CLRNC TO FLY IN ACCORDANCE WITH THE SID. ATC DISAGREED, STATING WE WERE CLRED TO MAINTAIN 1500 FT MSL AND FLY THE DEP. NOTICEABLY ABSENT WAS THE TERM 'IN ACCORDANCE.' NEW YORK DEP STATED, IT DIDN'T MATTER AND ISSUED A CLRNC TO HIGHER ALT. THERE WAS NO KNOWN TFC CONFLICT TO THE FLC. I FEEL CONTRIBUTED FACTORS WERE. RADIO CONGESTION, DENSE TFC, AND NONSTANDARD PHRASEOLOGY. THE CREW HAS FLOWN TO TEB FOR OVER 20 YRS AND HAS NEVER BEEN INSTRUCTED TO 'FLY AN ALT IN ACCORDANCE WITH THE SID.' WE SHOULD HAVE QUESTIONED CLRNC.

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.