B757 crew climbs through SID altitude on ewr 7 departure.

Attributes
ACN	716448
Time
Date	200611
Local Time Of Day	0001 To 0600
Place
Locale Reference	airport : ewr.airport
State Reference	NJ
Altitude	msl single value : 2500
Environment
Flight Conditions	VMC
Light	Night
Aircraft 1
Controlling Facilities	tower : ewr.tower
Operator	common carrier : air carrier
Make Model Name	B757-200
Operating Under FAR Part	Part 121
Flight Phase	climbout : initial
Route In Use	departure sid : ewr7
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
ASRS Report	716448
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
ASRS Report	716483
Events
Anomaly	altitude deviation : overshoot non adherence : published procedure non adherence : clearance
Independent Detector	other controllera
Resolutory Action	none taken : detected after the fact
Supplementary
Problem Areas	ATC Human Performance Flight Crew Human Performance
Primary Problem	Flight Crew Human Performance

Narrative:

On what was supposed to be the last leg of the day; during our arrival at ewr we received over ACARS instructions to fly an additional leg on another aircraft from ewr to ZZZ in order to get that aircraft to the maintenance hangar. Getting the clearance on the clearance frequency was a bit of a problem because the controller spoke faster than we were able to keep up; with the clearance containing a number of radial intercepts that we had not been led to expect from the flight plan we had in hand. We had to have the route clarified; but the altitude portion seemed pretty clear; climb and maintain 5000 ft is what we heard; wrote down and read back. This led us to believe that the 2500 ft restr on the newark seven departure was rescinded. On climb out upon contacting departure control; the 2500 ft restr was mentioned by the controller as we were climbing with no possible way for us to comply at that point. The controller then reiterated the clearance up to 5000 ft; and we made our way to jfk without further event. We weren't given any phone numbers to call; but we are concerned about the perception by the controller that we may have missed the 2500 ft restr on the departure. We do appreciate the continued cool; calm and professional service that he continued to give us.

Original NASA ASRS Text

Title: B757 CREW CLBS THROUGH SID ALT ON EWR 7 DEP.

Narrative: ON WHAT WAS SUPPOSED TO BE THE LAST LEG OF THE DAY; DURING OUR ARR AT EWR WE RECEIVED OVER ACARS INSTRUCTIONS TO FLY AN ADDITIONAL LEG ON ANOTHER ACFT FROM EWR TO ZZZ IN ORDER TO GET THAT ACFT TO THE MAINT HANGAR. GETTING THE CLRNC ON THE CLRNC FREQ WAS A BIT OF A PROB BECAUSE THE CTLR SPOKE FASTER THAN WE WERE ABLE TO KEEP UP; WITH THE CLRNC CONTAINING A NUMBER OF RADIAL INTERCEPTS THAT WE HAD NOT BEEN LED TO EXPECT FROM THE FLT PLAN WE HAD IN HAND. WE HAD TO HAVE THE RTE CLARIFIED; BUT THE ALT PORTION SEEMED PRETTY CLR; CLB AND MAINTAIN 5000 FT IS WHAT WE HEARD; WROTE DOWN AND READ BACK. THIS LED US TO BELIEVE THAT THE 2500 FT RESTR ON THE NEWARK SEVEN DEP WAS RESCINDED. ON CLBOUT UPON CONTACTING DEP CTL; THE 2500 FT RESTR WAS MENTIONED BY THE CTLR AS WE WERE CLBING WITH NO POSSIBLE WAY FOR US TO COMPLY AT THAT POINT. THE CTLR THEN REITERATED THE CLRNC UP TO 5000 FT; AND WE MADE OUR WAY TO JFK WITHOUT FURTHER EVENT. WE WEREN'T GIVEN ANY PHONE NUMBERS TO CALL; BUT WE ARE CONCERNED ABOUT THE PERCEPTION BY THE CTLR THAT WE MAY HAVE MISSED THE 2500 FT RESTR ON THE DEP. WE DO APPRECIATE THE CONTINUED COOL; CALM AND PROFESSIONAL SVC THAT HE CONTINUED TO GIVE US.

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.