A harried departure controller at teb incorrectly advised LR45 aircrew they had failed to comply wit...

Attributes
ACN	657554
Time
Date	200505
Local Time Of Day	1201 To 1800
Place
Locale Reference	airport : teb.airport
State Reference	NJ
Altitude	msl single value : 1500
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : n90.tracon
Operator	general aviation : corporate
Make Model Name	Learjet 45
Operating Under FAR Part	Part 91
Flight Phase	climbout : initial climbout : takeoff
Route In Use	departure sid : teb 5
Flight Plan	IFR
Person 1
Affiliation	company : corporate
Function	flight crew : first officer
Qualification	pilot : atp
Experience	flight time last 90 days : 80 flight time total : 11950 flight time type : 450
ASRS Report	657554
Person 2
Affiliation	company : corporate
Function	flight crew : captain oversight : pic
Events
Anomaly	other anomaly other other anomaly other
Independent Detector	other flight crewa
Resolutory Action	none taken : anomaly accepted
Supplementary
Problem Areas	Flight Crew Human Performance ATC Human Performance Airspace Structure
Primary Problem	ATC Human Performance
Situations
Chart	sid : teb 5

Narrative:

With the emphasis on properly flying the teb 5 departure; the captain and I reviewed the procedure before engine start and briefed the procedure again before takeoff. After being cleared for takeoff on runway 24; we climbed on runway heading until 1500 ft and then turned right to a 280 degree heading. We were told to contact departure and after the frequency change we were listening to a very busy controller. Unable to make contact due to frequency congestion we continued the departure. At the teb 4.5 DME fix using green data (VOR) I reached up and turned the altitude select to 2000 ft and verified with the captain that we had crossed the 4.5 DME of teb and should climb to 2000 ft on the 280 degree heading. Agreeing I was able to contact departure and told him we were out of 1800 ft for 2000 ft. His reply was that we could not climb yet and fly the departure and contact ny on 127.6. We were on 126.7 which briefly made me believe I was on the wrong frequency with the first controller. Contacting 127.6 we indicated level at 2000 ft on a 280 degree heading. We were immediately cleared to coate intersection and 10000 ft. No mention was made of any wrong doing on our behalf. Once reaching cruise altitude we again reviewed the departure and couldn't find fault with our performance. I feel that the controller was busy and his comment had no merit. It is frustrating when we as pilots are second guessing ourselves in busy environments which I feel affects the safety of the flight.

Original NASA ASRS Text

Title: A HARRIED DEP CTLR AT TEB INCORRECTLY ADVISED LR45 AIRCREW THEY HAD FAILED TO COMPLY WITH THE 1500 FT MSL RESTR ON THE TEB DEP OFF RWY 24.

Narrative: WITH THE EMPHASIS ON PROPERLY FLYING THE TEB 5 DEP; THE CAPT AND I REVIEWED THE PROC BEFORE ENGINE START AND BRIEFED THE PROC AGAIN BEFORE TKOF. AFTER BEING CLRED FOR TKOF ON RWY 24; WE CLBED ON RWY HDG UNTIL 1500 FT AND THEN TURNED R TO A 280 DEG HDG. WE WERE TOLD TO CONTACT DEP AND AFTER THE FREQUENCY CHANGE WE WERE LISTENING TO A VERY BUSY CTLR. UNABLE TO MAKE CONTACT DUE TO FREQUENCY CONGESTION WE CONTINUED THE DEP. AT THE TEB 4.5 DME FIX USING GREEN DATA (VOR) I REACHED UP AND TURNED THE ALT SELECT TO 2000 FT AND VERIFIED WITH THE CAPT THAT WE HAD CROSSED THE 4.5 DME OF TEB AND SHOULD CLB TO 2000 FT ON THE 280 DEG HDG. AGREEING I WAS ABLE TO CONTACT DEP AND TOLD HIM WE WERE OUT OF 1800 FT FOR 2000 FT. HIS REPLY WAS THAT WE COULD NOT CLB YET AND FLY THE DEP AND CONTACT NY ON 127.6. WE WERE ON 126.7 WHICH BRIEFLY MADE ME BELIEVE I WAS ON THE WRONG FREQUENCY WITH THE FIRST CTLR. CONTACTING 127.6 WE INDICATED LEVEL AT 2000 FT ON A 280 DEG HDG. WE WERE IMMEDIATELY CLRED TO COATE INTXN AND 10000 FT. NO MENTION WAS MADE OF ANY WRONG DOING ON OUR BEHALF. ONCE REACHING CRUISE ALT WE AGAIN REVIEWED THE DEP AND COULDN'T FIND FAULT WITH OUR PERFORMANCE. I FEEL THAT THE CTLR WAS BUSY AND HIS COMMENT HAD NO MERIT. IT IS FRUSTRATING WHEN WE AS PLTS ARE SECOND GUESSING OURSELVES IN BUSY ENVIRONMENTS WHICH I FEEL AFFECTS THE SAFETY OF THE FLT.

Data retrieved from NASA's ASRS site as of January 2009 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.

A harried departure controller at teb incorrectly advised LR45 aircrew they had failed to comply with the 1500 ft MSL restr on the teb departure off runway 24.