Narrative:

For this event, the captain was PF and I, first officer, was PNF and working the radios. On friday, august 2004, we were departing teterboro (teb) airport on the 'dalton departure' departure procedure en route to ZZZ. The departure procedure dictates a climb to 800 ft then a turn to 280 degrees and a continued climb to 1300 ft. Teb tower instructed us to contact new york approach as we reached 800 ft and had initiated the turn to 280 degrees. We leveled off at 1300 ft just as I made contact with the controller. The controller stated, 'aircraft X radar contact (??) miles west of teterboro, maintain VFR below class B (ewr) airspace.' I read back the clearance as 'maintain VFR below class B, aircraft X.' upon receipt of the clearance, the captain (PF) and I determined that we were not in class B or D airspace and that the bottom of newark's class B was 3000 ft. Based on the clearance of 'VFR below class B' we determined that we were cleared to any altitude below the class B airspace and captain initiated a climb to 2500 ft. Upon reaching 2000 ft, the controller called us and asked at what altitude we were at. I replied, 'currently 2000 ft.' the controller replied, 'you are supposed to be at 1300 ft.' to which I replied, 'I thought we were cleared VFR below class B airspace, we can descend to 1300 ft if you want us to.' the controller replied 'you've already busted the altitude, so you might as well stay there.' we maintained 2000 ft and were given a vector to the northwest. Moments later we heard the aircraft which had been behind us in sequence for departure at teb make radio contact with ny approach. The aircraft was instructed to 'maintain VFR at 1300 ft below class B airspace.' the controller made sure to include 'at 1300 ft' in what was almost exactly the same instruction which he had given our aircraft. Shortly thereafter, we were switched to a different frequency and continued our flight uneventfully. If a controller requires a specific altitude, the phraseology for an instruction should clearly state the desired altitude. I believe the controller in this instance realized that he omitted the instruction of a specific altitude in our clearance and ensured that he included a specific altitude in the clearance for the aircraft following us. Callback conversation with reporter revealed the following information: the reporter expanded on the altitude of the class B reference in his report and he indicated that the listed altitude of 3000 ft may have been in error, given the position of the aircraft and that 1800 ft may have been the base of the class B. The reporter again emphasized that he believed the controller erred with the phraseology used and that subsequent clearances to aircraft on the same departure procedure were issued 'maintain VFR at 1300 ft, below class B.' the captain also expressed some concern regarding the controller's clearance given the fact that they were on a filed IFR flight plan and the controller was treating them as though they were VFR.

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Original NASA ASRS Text

Title: PC12 FLT CREW MISINTERPRETS CLB CLRNC FROM N90 CTLR AND CLIMBS ABOVE PUBLISHED ALT ON DALTON DEP FROM TEB.

Narrative: FOR THIS EVENT, THE CAPT WAS PF AND I, FO, WAS PNF AND WORKING THE RADIOS. ON FRIDAY, AUGUST 2004, WE WERE DEPARTING TETERBORO (TEB) ARPT ON THE 'DALTON DEP' DEP PROC ENRTE TO ZZZ. THE DEP PROC DICTATES A CLB TO 800 FT THEN A TURN TO 280 DEGS AND A CONTINUED CLB TO 1300 FT. TEB TWR INSTRUCTED US TO CONTACT NEW YORK APCH AS WE REACHED 800 FT AND HAD INITIATED THE TURN TO 280 DEGS. WE LEVELED OFF AT 1300 FT JUST AS I MADE CONTACT WITH THE CTLR. THE CTLR STATED, 'ACFT X RADAR CONTACT (??) MILES W OF TETERBORO, MAINTAIN VFR BELOW CLASS B (EWR) AIRSPACE.' I READ BACK THE CLRNC AS 'MAINTAIN VFR BELOW CLASS B, ACFT X.' UPON RECEIPT OF THE CLRNC, THE CAPT (PF) AND I DETERMINED THAT WE WERE NOT IN CLASS B OR D AIRSPACE AND THAT THE BOTTOM OF NEWARK'S CLASS B WAS 3000 FT. BASED ON THE CLRNC OF 'VFR BELOW CLASS B' WE DETERMINED THAT WE WERE CLRED TO ANY ALT BELOW THE CLASS B AIRSPACE AND CAPT INITIATED A CLB TO 2500 FT. UPON REACHING 2000 FT, THE CTLR CALLED US AND ASKED AT WHAT ALT WE WERE AT. I REPLIED, 'CURRENTLY 2000 FT.' THE CTLR REPLIED, 'YOU ARE SUPPOSED TO BE AT 1300 FT.' TO WHICH I REPLIED, 'I THOUGHT WE WERE CLRED VFR BELOW CLASS B AIRSPACE, WE CAN DSND TO 1300 FT IF YOU WANT US TO.' THE CTLR REPLIED 'YOU'VE ALREADY BUSTED THE ALT, SO YOU MIGHT AS WELL STAY THERE.' WE MAINTAINED 2000 FT AND WERE GIVEN A VECTOR TO THE NW. MOMENTS LATER WE HEARD THE ACFT WHICH HAD BEEN BEHIND US IN SEQUENCE FOR DEP AT TEB MAKE RADIO CONTACT WITH NY APCH. THE ACFT WAS INSTRUCTED TO 'MAINTAIN VFR AT 1300 FT BELOW CLASS B AIRSPACE.' THE CTLR MADE SURE TO INCLUDE 'AT 1300 FT' IN WHAT WAS ALMOST EXACTLY THE SAME INSTRUCTION WHICH HE HAD GIVEN OUR ACFT. SHORTLY THEREAFTER, WE WERE SWITCHED TO A DIFFERENT FREQ AND CONTINUED OUR FLT UNEVENTFULLY. IF A CTLR REQUIRES A SPECIFIC ALT, THE PHRASEOLOGY FOR AN INSTRUCTION SHOULD CLEARLY STATE THE DESIRED ALT. I BELIEVE THE CTLR IN THIS INSTANCE REALIZED THAT HE OMITTED THE INSTRUCTION OF A SPECIFIC ALT IN OUR CLRNC AND ENSURED THAT HE INCLUDED A SPECIFIC ALT IN THE CLRNC FOR THE ACFT FOLLOWING US. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: THE RPTR EXPANDED ON THE ALT OF THE CLASS B REFERENCE IN HIS RPT AND HE INDICATED THAT THE LISTED ALT OF 3000 FT MAY HAVE BEEN IN ERROR, GIVEN THE POSITION OF THE ACFT AND THAT 1800 FT MAY HAVE BEEN THE BASE OF THE CLASS B. THE RPTR AGAIN EMPHASIZED THAT HE BELIEVED THE CTLR ERRED WITH THE PHRASEOLOGY USED AND THAT SUBSEQUENT CLEARANCES TO ACFT ON THE SAME DEP PROC WERE ISSUED 'MAINTAIN VFR AT 1300 FT, BELOW CLASS B.' THE CAPT ALSO EXPRESSED SOME CONCERN REGARDING THE CTLR'S CLRNC GIVEN THE FACT THAT THEY WERE ON A FILED IFR FLT PLAN AND THE CTLR WAS TREATING THEM AS THOUGH THEY WERE VFR.

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.