Narrative:

Teb 19 dalton departure lj-31 part 91 crew only repositioning flight. Night VFR. On the dalton departure from runway 19 at teb; we failed to level off at 1300 ft. At approximately 1800 ft I was in the right seat attempting to contact new york departure when I noticed an airliner at our 12 O'clock position. I took control; initiated a descent and turned right to approximately 320 degrees for spacing. New york departure informed us we were supposed to be at 1300 ft and that the airliner had also deviated to avoid us. Our TCAS issued an audible traffic alert as we passed behind and below the airliner. The departure procedure was improperly briefed and the PNF did not call for leveloff at 1300 ft and verify the airplane had stopped climbing. The PF briefed me that clearance had changed us from the teb 5 to the dalton VFR departure and the altitude was 4000 ft. The PF copied both ATIS and the clearance. Altitude preselect was set by PF to 4000 ft. Failure of the PNF to listen to the ATIS; which later this day included 'pilots must strictly adhere to published altitude restrs' and failure of PNF to be listening to the clearance given contributed. Teb tower cleared us for takeoff while still on taxiway P. There was significant taxi time between clearance and actual takeoff. This early takeoff clearance may have contributed to a quick takeoff briefing which only included initial altitude 800 ft and heading of 280 degrees rather than the full departure procedure with 1300 ft leveloff and efc after crossing teb 230 degrees. Had teb tower also notified us of traffic; that might have helped. We screwed up big! Blew the altitude. PNF relied on the PF's understanding of the SID and departure clearance without confirming the departure procedure prior to takeoff. PNF failed to monitor altitude and remind and insist on leveloff at 1300 ft. Failure of both pilots to verify clearance; whether or not a deviation from the standard procedures was authority/authorized. Contributing: PF is the weaker of the 2 pilots; early morning departure; and apparent lack of traffic may have led to complacency. Strong reliance of PF on PNF for direction. Failure of PNF to recognize deviation in altitude. No mention is made on charts of airport or ATIS that the floor of the class B airspace overlying teb is 1800 ft. At other airports underlying class B airspace; the floor is described on ATIS.

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Original NASA ASRS Text

Title: AN LJ-31 DEPARTING TEB ON THE DALTON DEP FAILED TO LEVEL AT THE CHARTED ALT AND EXPERIENCED A TCAS ALERT REQUIRING EVASIVE ACTION.

Narrative: TEB 19 DALTON DEP LJ-31 PART 91 CREW ONLY REPOSITIONING FLT. NIGHT VFR. ON THE DALTON DEP FROM RWY 19 AT TEB; WE FAILED TO LEVEL OFF AT 1300 FT. AT APPROX 1800 FT I WAS IN THE R SEAT ATTEMPTING TO CONTACT NEW YORK DEP WHEN I NOTICED AN AIRLINER AT OUR 12 O'CLOCK POS. I TOOK CTL; INITIATED A DSCNT AND TURNED R TO APPROX 320 DEGS FOR SPACING. NEW YORK DEP INFORMED US WE WERE SUPPOSED TO BE AT 1300 FT AND THAT THE AIRLINER HAD ALSO DEVIATED TO AVOID US. OUR TCAS ISSUED AN AUDIBLE TFC ALERT AS WE PASSED BEHIND AND BELOW THE AIRLINER. THE DEP PROC WAS IMPROPERLY BRIEFED AND THE PNF DID NOT CALL FOR LEVELOFF AT 1300 FT AND VERIFY THE AIRPLANE HAD STOPPED CLBING. THE PF BRIEFED ME THAT CLRNC HAD CHANGED US FROM THE TEB 5 TO THE DALTON VFR DEP AND THE ALT WAS 4000 FT. THE PF COPIED BOTH ATIS AND THE CLRNC. ALT PRESELECT WAS SET BY PF TO 4000 FT. FAILURE OF THE PNF TO LISTEN TO THE ATIS; WHICH LATER THIS DAY INCLUDED 'PLTS MUST STRICTLY ADHERE TO PUBLISHED ALT RESTRS' AND FAILURE OF PNF TO BE LISTENING TO THE CLRNC GIVEN CONTRIBUTED. TEB TWR CLRED US FOR TKOF WHILE STILL ON TXWY P. THERE WAS SIGNIFICANT TAXI TIME BTWN CLRNC AND ACTUAL TKOF. THIS EARLY TKOF CLRNC MAY HAVE CONTRIBUTED TO A QUICK TKOF BRIEFING WHICH ONLY INCLUDED INITIAL ALT 800 FT AND HDG OF 280 DEGS RATHER THAN THE FULL DEP PROC WITH 1300 FT LEVELOFF AND EFC AFTER XING TEB 230 DEGS. HAD TEB TWR ALSO NOTIFIED US OF TFC; THAT MIGHT HAVE HELPED. WE SCREWED UP BIG! BLEW THE ALT. PNF RELIED ON THE PF'S UNDERSTANDING OF THE SID AND DEP CLRNC WITHOUT CONFIRMING THE DEP PROC PRIOR TO TKOF. PNF FAILED TO MONITOR ALT AND REMIND AND INSIST ON LEVELOFF AT 1300 FT. FAILURE OF BOTH PLTS TO VERIFY CLRNC; WHETHER OR NOT A DEV FROM THE STANDARD PROCS WAS AUTH. CONTRIBUTING: PF IS THE WEAKER OF THE 2 PLTS; EARLY MORNING DEP; AND APPARENT LACK OF TFC MAY HAVE LED TO COMPLACENCY. STRONG RELIANCE OF PF ON PNF FOR DIRECTION. FAILURE OF PNF TO RECOGNIZE DEV IN ALT. NO MENTION IS MADE ON CHARTS OF ARPT OR ATIS THAT THE FLOOR OF THE CLASS B AIRSPACE OVERLYING TEB IS 1800 FT. AT OTHER ARPTS UNDERLYING CLASS B AIRSPACE; THE FLOOR IS DESCRIBED ON ATIS.

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.