Narrative:

First officer reported to chief pilot that I deliberately taxied out at maximum ramp weight and took off over maximum takeoff weight. This is incorrect and first officer did not bring this to my attention at pushout/taxi/takeoff or at any time after weight calculations. First officer used all adult weights, also we had 4 children on board. First officer was in a hurry to get back to base on this flight on our last day of a 3-DAY trip. We were behind schedule. First officer is a displaced captain and wants to be in the left seat. I believe he is retaliating against me due to the fact that I had to correct his actions for 3 days, ie, incorrect number on weight manifests, told him to turn his passenger electronic device off in-flight. I did postflt at least once due to uncertainty if it was done, etc. Supplemental information from acn 641779: on XXX, agent asked to load 3 non-revenues. First officer replied that would put aircraft over maximum ramp weight. Captain told agent to load passenger, and he would make numbers work. First officer replied that aircraft still over maximum ramp weight unless fuel or cargo removed. Captain called dispatch to lower release fuel by weight of additional passenger. First officer thought captain would de-fuel or otherwise reduce aircraft weight. Reduced fuel numbers input into FMS and manifest, but no fuel removed. Captain pushed back after first officer reminded him again that aircraft may be overweight for takeoff, as well as ramp. Captain took off and climbed to FL350. Bad rides reported all altitudes. Captain asked for higher. First officer reminded captain of consequence of climbing heavy aircraft to high altitude. FL370 attained at minimum performance. After short time at FL370, ATC advised to descend for oncoming traffic. Captain asked for FL390. First officer reviewed performance manual again and determined aircraft to be approximately 2000 pounds too heavy for FL390, even assuming legal weight takeoff. First officer strongly advised captain against climb to FL390. Captain initiated climb. First officer reviewed buffet margins with moderate turbulence at FL390 and again cautioned captain against circuit breaker. First officer cited recent aerodynamic stall incidents involving crj aircraft. First officer calculated aircraft weighed approximately 70-500 pounds at initiation of climb. Captain continued climb despite correct performance calculations based on his interpretation of the wrong chart. Reaching FL380, aircraft was slowing past .77 mach and only climbing 100 FPM. ATC advised to expedite. As captain reached for pitch wheel, first officer declared to ATC unable FL390. ATC advised immediate descent to FL350 and captain complied.

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Original NASA ASRS Text

Title: A CL65 CAPT REPLIES TO A FO'S CLAIM THAT THE FLT OPERATED IN EXCESS OF THE ACFT'S MAX TAXI WT, MAX TKOF WT, AND ABOVE MAX RECOMMENDED ALT FOR WT.

Narrative: FO RPTED TO CHIEF PLT THAT I DELIBERATELY TAXIED OUT AT MAX RAMP WT AND TOOK OFF OVER MAX TKOF WT. THIS IS INCORRECT AND FO DID NOT BRING THIS TO MY ATTN AT PUSHOUT/TAXI/TKOF OR AT ANY TIME AFTER WT CALCULATIONS. FO USED ALL ADULT WTS, ALSO WE HAD 4 CHILDREN ON BOARD. FO WAS IN A HURRY TO GET BACK TO BASE ON THIS FLT ON OUR LAST DAY OF A 3-DAY TRIP. WE WERE BEHIND SCHEDULE. FO IS A DISPLACED CAPT AND WANTS TO BE IN THE L SEAT. I BELIEVE HE IS RETALIATING AGAINST ME DUE TO THE FACT THAT I HAD TO CORRECT HIS ACTIONS FOR 3 DAYS, IE, INCORRECT NUMBER ON WT MANIFESTS, TOLD HIM TO TURN HIS PAX ELECTRONIC DEVICE OFF INFLT. I DID POSTFLT AT LEAST ONCE DUE TO UNCERTAINTY IF IT WAS DONE, ETC. SUPPLEMENTAL INFO FROM ACN 641779: ON XXX, AGENT ASKED TO LOAD 3 NON-REVENUES. FO REPLIED THAT WOULD PUT ACFT OVER MAX RAMP WT. CAPT TOLD AGENT TO LOAD PAX, AND HE WOULD MAKE NUMBERS WORK. FO REPLIED THAT ACFT STILL OVER MAX RAMP WT UNLESS FUEL OR CARGO REMOVED. CAPT CALLED DISPATCH TO LOWER RELEASE FUEL BY WT OF ADDITIONAL PAX. FO THOUGHT CAPT WOULD DE-FUEL OR OTHERWISE REDUCE ACFT WT. REDUCED FUEL NUMBERS INPUT INTO FMS AND MANIFEST, BUT NO FUEL REMOVED. CAPT PUSHED BACK AFTER FO REMINDED HIM AGAIN THAT ACFT MAY BE OVERWT FOR TKOF, AS WELL AS RAMP. CAPT TOOK OFF AND CLBED TO FL350. BAD RIDES RPTED ALL ALTS. CAPT ASKED FOR HIGHER. FO REMINDED CAPT OF CONSEQUENCE OF CLBING HVY ACFT TO HIGH ALT. FL370 ATTAINED AT MINIMUM PERFORMANCE. AFTER SHORT TIME AT FL370, ATC ADVISED TO DSND FOR ONCOMING TFC. CAPT ASKED FOR FL390. FO REVIEWED PERFORMANCE MANUAL AGAIN AND DETERMINED ACFT TO BE APPROX 2000 LBS TOO HVY FOR FL390, EVEN ASSUMING LEGAL WT TKOF. FO STRONGLY ADVISED CAPT AGAINST CLB TO FL390. CAPT INITIATED CLB. FO REVIEWED BUFFET MARGINS WITH MODERATE TURB AT FL390 AND AGAIN CAUTIONED CAPT AGAINST CB. FO CITED RECENT AERODYNAMIC STALL INCIDENTS INVOLVING CRJ ACFT. FO CALCULATED ACFT WEIGHED APPROX 70-500 LBS AT INITIATION OF CLB. CAPT CONTINUED CLB DESPITE CORRECT PERFORMANCE CALCULATIONS BASED ON HIS INTERP OF THE WRONG CHART. REACHING FL380, ACFT WAS SLOWING PAST .77 MACH AND ONLY CLBING 100 FPM. ATC ADVISED TO EXPEDITE. AS CAPT REACHED FOR PITCH WHEEL, FO DECLARED TO ATC UNABLE FL390. ATC ADVISED IMMEDIATE DSCNT TO FL350 AND CAPT COMPLIED.

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.