Narrative:

Obtained ATC clearance 'teb 5; runway 24 departure.' runway 24 was not acceptable due to noise constraints. Requested runway 19 and received dalton departure. Prior to receiving the second clearance; the crew briefed the departure 'teb 5.' just prior to takeoff; the crew received the amended departure 'dalton departure.' captain requested the new departure procedure which unbeknown to him was on the back of the teb departure. For whatever reason; the crew rebriefed and flew the teb departure. The horizontal portion is identical on the two procedures; however; the vertical portion differs. Dalton initial level off is 1300 ft; teb 5 is 1500 ft. At approximately 1200 ft crew reported to ny departure that we were climbing from 1200 ft to 1500 ft. ATC said 'you better not be.' the aircraft made immediate level off; approximately 1400 ft. No conflicts occurred. A contributing factor: although we felt rested; we had not had substantial or quality rest recently. Corrective action: ensure we're using our established procedures and properly briefed all procedures to include reading the title to the departure out loud. Although the error was entirely ours; ATC should use proper terminology to include an immediate instruction; not an admonishment that has no instructive value as that caused confusion.

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Original NASA ASRS Text

Title: A GII DEPARTING TEB EXCEEDED SID ALT CONSTRAINT BECAUSE OF CREW BRIEFING INCORRECT DEP PROC.

Narrative: OBTAINED ATC CLRNC 'TEB 5; RWY 24 DEP.' RWY 24 WAS NOT ACCEPTABLE DUE TO NOISE CONSTRAINTS. REQUESTED RWY 19 AND RECEIVED DALTON DEP. PRIOR TO RECEIVING THE SECOND CLRNC; THE CREW BRIEFED THE DEP 'TEB 5.' JUST PRIOR TO TKOF; THE CREW RECEIVED THE AMENDED DEP 'DALTON DEP.' CAPT REQUESTED THE NEW DEP PROC WHICH UNBEKNOWN TO HIM WAS ON THE BACK OF THE TEB DEP. FOR WHATEVER REASON; THE CREW REBRIEFED AND FLEW THE TEB DEP. THE HORIZONTAL PORTION IS IDENTICAL ON THE TWO PROCS; HOWEVER; THE VERTICAL PORTION DIFFERS. DALTON INITIAL LEVEL OFF IS 1300 FT; TEB 5 IS 1500 FT. AT APPROX 1200 FT CREW RPTED TO NY DEP THAT WE WERE CLBING FROM 1200 FT TO 1500 FT. ATC SAID 'YOU BETTER NOT BE.' THE ACFT MADE IMMEDIATE LEVEL OFF; APPROX 1400 FT. NO CONFLICTS OCCURRED. A CONTRIBUTING FACTOR: ALTHOUGH WE FELT RESTED; WE HAD NOT HAD SUBSTANTIAL OR QUALITY REST RECENTLY. CORRECTIVE ACTION: ENSURE WE'RE USING OUR ESTABLISHED PROCS AND PROPERLY BRIEFED ALL PROCS TO INCLUDE READING THE TITLE TO THE DEP OUT LOUD. ALTHOUGH THE ERROR WAS ENTIRELY OURS; ATC SHOULD USE PROPER TERMINOLOGY TO INCLUDE AN IMMEDIATE INSTRUCTION; NOT AN ADMONISHMENT THAT HAS NO INSTRUCTIVE VALUE AS THAT CAUSED CONFUSION.

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.