Unable to reach planned and cleared altitude which was intended to keep him above the rsvm area, a cpr pilot requests and receives relief.

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Attributes
ACN	529302
Time
Date	200111
Day	Tue
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : zny.artcc
State Reference	NY
Altitude	msl bound lower : 40600 msl bound upper : 41000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zny.artcc
Operator	common carrier : air taxi
Make Model Name	Learjet 55
Operating Under FAR Part	Part 135
Navigation In Use	other
Flight Phase	cruise : level
Route In Use	enroute airway : b24.airway
Flight Plan	IFR
Person 1
Affiliation	company : air taxi
Function	flight crew : captain oversight : pic
Qualification	pilot : atp pilot : cfi pilot : commercial pilot : instrument pilot : multi engine
Experience	flight time last 90 days : 100 flight time total : 2500 flight time type : 500
ASRS Report	529302
Person 2
Affiliation	company : air taxi
Function	flight crew : first officer
Events
Anomaly	airspace violation : entry altitude deviation : crossing restriction not met altitude deviation : undershoot inflight encounter : weather non adherence : published procedure non adherence : clearance non adherence : far
Independent Detector	other flight crewa
Resolutory Action	controller : issued new clearance other
Supplementary
Problem Areas	Environmental Factor Flight Crew Human Performance Aircraft
Primary Problem	Environmental Factor
Air Traffic Incident	Pilot Deviation

Narrative:

The incident happened during an air ambulance flight to bermuda. We departed mtn, radar vectors to sie, then B24 to bermuda. We filed for FL410, since that altitude would allow us to be above the WX and also rsvm altitudes. The flight was going as planned after turnoff and we climbed upwards toward FL410. I believed we would make our altitude by champ intersection as we passed FL390 and 40 mi out. As we continued our flight towards bermuda, our altitude climb towards FL410 came to almost an immediately stop at FL406 at champ. At that time we had already passed champ and into rsvm airspace. We notified ATC that altitude wasn't able to be reached because of warmer than expected temperatures at altitude. I elected to continue the flight since we had already notified ATC and also because descending into IMC and through non radar airspace was not the best idea. Throughout the whole flight we made sure ATC was aware of the altitude situation.

Original NASA ASRS Text

Title: UNABLE TO REACH PLANNED AND CLRED ALT WHICH WAS INTENDED TO KEEP HIM ABOVE THE RSVM AREA, A CPR PLT REQUESTS AND RECEIVES RELIEF.

Narrative: THE INCIDENT HAPPENED DURING AN AIR AMBULANCE FLT TO BERMUDA. WE DEPARTED MTN, RADAR VECTORS TO SIE, THEN B24 TO BERMUDA. WE FILED FOR FL410, SINCE THAT ALT WOULD ALLOW US TO BE ABOVE THE WX AND ALSO RSVM ALTS. THE FLT WAS GOING AS PLANNED AFTER TURNOFF AND WE CLBED UPWARDS TOWARD FL410. I BELIEVED WE WOULD MAKE OUR ALT BY CHAMP INTXN AS WE PASSED FL390 AND 40 MI OUT. AS WE CONTINUED OUR FLT TOWARDS BERMUDA, OUR ALT CLB TOWARDS FL410 CAME TO ALMOST AN IMMEDIATELY STOP AT FL406 AT CHAMP. AT THAT TIME WE HAD ALREADY PASSED CHAMP AND INTO RSVM AIRSPACE. WE NOTIFIED ATC THAT ALT WASN'T ABLE TO BE REACHED BECAUSE OF WARMER THAN EXPECTED TEMPS AT ALT. I ELECTED TO CONTINUE THE FLT SINCE WE HAD ALREADY NOTIFIED ATC AND ALSO BECAUSE DSNDING INTO IMC AND THROUGH NON RADAR AIRSPACE WAS NOT THE BEST IDEA. THROUGHOUT THE WHOLE FLT WE MADE SURE ATC WAS AWARE OF THE ALT 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.