An EMB135 flight crew gives departure controller some concern over their flight path during their overspd, turbulent ride on a departure from ewr, nj.

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Attributes
ACN	529832
Time
Date	200111
Day	Mon
Local Time Of Day	1201 To 1800
Place
Locale Reference	airport : ewr.airport
State Reference	NJ
Altitude	msl single value : 2500
Environment
Flight Conditions	VMC
Weather Elements	Turbulence
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : n90.tracon
Operator	common carrier : air carrier
Make Model Name	EMB ERJ 135 ER&LR
Operating Under FAR Part	Part 121
Navigation In Use	ils localizer only : 5r other
Flight Phase	climbout : intermediate altitude
Route In Use	departure sid : newark 7
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : cfi pilot : commercial pilot : multi engine
Experience	flight time last 90 days : 130 flight time total : 2200 flight time type : 150
ASRS Report	529832
Person 2
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Events
Anomaly	aircraft equipment problem : less severe inflight encounter : turbulence non adherence : clearance non adherence : far other anomaly other anomaly other anomaly other other spatial deviation
Independent Detector	aircraft equipment other aircraft equipment : overspeed wng other controllera
Resolutory Action	controller : issued advisory flight crew : became reoriented flight crew : overcame equipment problem flight crew : overrode automation flight crew : regained aircraft control flight crew : returned to intended or assigned course
Consequence	faa : reviewed incident with flight crew other
Supplementary
Problem Areas	Flight Crew Human Performance Weather ATC Human Performance Aircraft Airspace Structure Environmental Factor
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

On takeoff using ewr 7 departure from runway 4L, heading 060 degrees to 2500 ft. Very turbulent. Given heading of 230 degrees to intercept 350 degree radial inbound to colts neck. Aircraft was on autoplt. Captain did not realize aircraft was on approach. Overspd warning was going off due to aircraft speed and moderate turbulence and gusts. Both captain and I were distraction by overspd warning. He did not copy ATC instructions to turn and was wondering what the plane was doing as I programmed it to intercept radial while at same time throttling back to cancel overspd. Thrust levers were back much farther than expected, yet aircraft still overspding (not limitation, but 250 ft below 10000 ft regulation). Problem was that captain had failed to select climb mode and aircraft was still in takeoff mode thus producing greater thrust for climb profile. Furthermore, ATC questioned our heading as we were hot tracking the colts neck VOR, but in fact had the ewr runway 5R localizer frequency tuned. It had not been switched, it was still in standby. Controller advised us that we were headed in wrong direction and that we were close to another controller's airspace. We recognized our error and proceeded on course. Deviation resulted from aural distraction/turbulence and poor cockpit procedures and crew coordination. More thorough brief in future and use of proper procedures in flying aircraft.

Original NASA ASRS Text

Title: AN EMB135 FLC GIVES DEP CTLR SOME CONCERN OVER THEIR FLT PATH DURING THEIR OVERSPD, TURBULENT RIDE ON A DEP FROM EWR, NJ.

Narrative: ON TKOF USING EWR 7 DEP FROM RWY 4L, HDG 060 DEGS TO 2500 FT. VERY TURBULENT. GIVEN HDG OF 230 DEGS TO INTERCEPT 350 DEG RADIAL INBOUND TO COLTS NECK. ACFT WAS ON AUTOPLT. CAPT DID NOT REALIZE ACFT WAS ON APCH. OVERSPD WARNING WAS GOING OFF DUE TO ACFT SPD AND MODERATE TURB AND GUSTS. BOTH CAPT AND I WERE DISTR BY OVERSPD WARNING. HE DID NOT COPY ATC INSTRUCTIONS TO TURN AND WAS WONDERING WHAT THE PLANE WAS DOING AS I PROGRAMMED IT TO INTERCEPT RADIAL WHILE AT SAME TIME THROTTLING BACK TO CANCEL OVERSPD. THRUST LEVERS WERE BACK MUCH FARTHER THAN EXPECTED, YET ACFT STILL OVERSPDING (NOT LIMITATION, BUT 250 FT BELOW 10000 FT REG). PROB WAS THAT CAPT HAD FAILED TO SELECT CLB MODE AND ACFT WAS STILL IN TKOF MODE THUS PRODUCING GREATER THRUST FOR CLB PROFILE. FURTHERMORE, ATC QUESTIONED OUR HDG AS WE WERE HOT TRACKING THE COLTS NECK VOR, BUT IN FACT HAD THE EWR RWY 5R LOC FREQ TUNED. IT HAD NOT BEEN SWITCHED, IT WAS STILL IN STANDBY. CTLR ADVISED US THAT WE WERE HEADED IN WRONG DIRECTION AND THAT WE WERE CLOSE TO ANOTHER CTLR'S AIRSPACE. WE RECOGNIZED OUR ERROR AND PROCEEDED ON COURSE. DEV RESULTED FROM AURAL DISTR/TURB AND POOR COCKPIT PROCS AND CREW COORD. MORE THOROUGH BRIEF IN FUTURE AND USE OF PROPER PROCS IN FLYING ACFT.

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.