Narrative:

The airplane was cleared for takeoff on runway 24 to fly the teb 5 departure procedure. The procedure specifies that departing aircraft fly runway heading and climb to 1500 ft. At 1500 ft turn right heading 280 degrees; maintain 1500 ft until passing teb 4.5 DME then climb and maintain 2000 ft. Takeoff was initiated and proceeded normally with the PIC flying the airplane. When climbing on runway heading; teb tower instructed the airplane to contact ny departure control. As the aircraft was just beginning level off at 1500 ft on runway heading the sic contacted departure control and was instructed to turn right heading 280 degrees; climb and maintain 4000 ft. The sic read back the heading and altitude assignment to the departure controller and set the altitude alerter to 4000 ft. Simultaneously the PIC selected the heading bug to 280 degrees and began to turn to the new heading. As the sic concluded his readback to departure control the PIC confirmed the instruction from ATC by stating aloud to the sic 'right 280 degrees; climb; maintain 4000 ft.' a moment later; as the aircraft was turning to 280 degrees and already climbing through 2200 ft a transmission from ATC was received with the instruction to maintain 2000 ft. It was followed seconds later with another ATC transmission to the aircraft to 'hold what you've got.' the PIC immediately leveled the aircraft at an altitude of 2500 ft and instructed the sic to query ATC for clarification of altitude assignment. The sic immediately reported to ATC that the aircraft was level at 2500 ft. ATC responded with a comment about calling him when the flight reached its destination. Both pilots were surprised by the statement and the sic quickly inquired as to what the problem was. ATC responded by saying something like 'you guys need to study the teb 5 departure.' what followed was a rapid exchange between the sic and ATC. The departure controller stated that the aircraft was assigned to fly the teb 5 departure. The sic confirmed that the aircraft had been assigned the teb 5 but upon initial contact with departure control (less than one min previously); the airplane had been instructed to turn to 280 degrees and climb to 4000 ft. The departure controller forcefully denied having issued that instruction. When the controller stated he did not issue the heading and altitude assignment; the sic requested that ATC 'check the tape.' the next transmission from ATC to the aircraft; received after a short period of silence was 'turn left heading 220 degrees.' at this point; no further discussion occurred between aircraft and ATC over the misunderstanding. A moment later; the departure controller issued a frequency change and handed the aircraft off to the next controller without providing a telephone number to call or any explanation as to what had actually occurred. The flight crew concluded that the departure controller realized he had made a simple mistake and that the matter had been dropped. The flight continued to destination without incident.

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Original NASA ASRS Text

Title: FL50 FLT CREW DEPARTING TEB IS CLRED TO A HIGHER ALT BY DEP CTLR IN ERROR.

Narrative: THE AIRPLANE WAS CLRED FOR TAKEOFF ON RWY 24 TO FLY THE TEB 5 DEP PROC. THE PROC SPECIFIES THAT DEPARTING ACFT FLY RWY HEADING AND CLB TO 1500 FT. AT 1500 FT TURN R HEADING 280 DEGS; MAINTAIN 1500 FT UNTIL PASSING TEB 4.5 DME THEN CLB AND MAINTAIN 2000 FT. TKOF WAS INITIATED AND PROCEEDED NORMALLY WITH THE PIC FLYING THE AIRPLANE. WHEN CLBING ON RWY HEADING; TEB TOWER INSTRUCTED THE AIRPLANE TO CONTACT NY DEP CTL. AS THE ACFT WAS JUST BEGINNING LEVEL OFF AT 1500 FT ON RWY HEADING THE SIC CONTACTED DEP CTL AND WAS INSTRUCTED TO TURN R HEADING 280 DEGS; CLB AND MAINTAIN 4000 FT. THE SIC READ BACK THE HEADING AND ALT ASSIGNMENT TO THE DEP CTLR AND SET THE ALT ALERTER TO 4000 FT. SIMULTANEOUSLY THE PIC SELECTED THE HEADING BUG TO 280 DEGS AND BEGAN TO TURN TO THE NEW HEADING. AS THE SIC CONCLUDED HIS READBACK TO DEP CTL THE PIC CONFIRMED THE INSTRUCTION FROM ATC BY STATING ALOUD TO THE SIC 'R 280 DEGS; CLB; MAINTAIN 4000 FT.' A MOMENT LATER; AS THE ACFT WAS TURNING TO 280 DEGS AND ALREADY CLBING THROUGH 2200 FT A TRANSMISSION FROM ATC WAS RECEIVED WITH THE INSTRUCTION TO MAINTAIN 2000 FT. IT WAS FOLLOWED SECONDS LATER WITH ANOTHER ATC TRANSMISSION TO THE ACFT TO 'HOLD WHAT YOU'VE GOT.' THE PIC IMMEDIATELY LEVELED THE ACFT AT AN ALT OF 2500 FT AND INSTRUCTED THE SIC TO QUERY ATC FOR CLARIFICATION OF ALT ASSIGNMENT. THE SIC IMMEDIATELY RPTED TO ATC THAT THE ACFT WAS LEVEL AT 2500 FT. ATC RESPONDED WITH A COMMENT ABOUT CALLING HIM WHEN THE FLT REACHED ITS DEST. BOTH PLTS WERE SURPRISED BY THE STATEMENT AND THE SIC QUICKLY INQUIRED AS TO WHAT THE PROB WAS. ATC RESPONDED BY SAYING SOMETHING LIKE 'YOU GUYS NEED TO STUDY THE TEB 5 DEP.' WHAT FOLLOWED WAS A RAPID EXCHANGE BETWEEN THE SIC AND ATC. THE DEP CTLR STATED THAT THE ACFT WAS ASSIGNED TO FLY THE TEB 5 DEP. THE SIC CONFIRMED THAT THE ACFT HAD BEEN ASSIGNED THE TEB 5 BUT UPON INITIAL CONTACT WITH DEP CTL (LESS THAN ONE MIN PREVIOUSLY); THE AIRPLANE HAD BEEN INSTRUCTED TO TURN TO 280 DEGS AND CLB TO 4000 FT. THE DEP CTLR FORCEFULLY DENIED HAVING ISSUED THAT INSTRUCTION. WHEN THE CTLR STATED HE DID NOT ISSUE THE HEADING AND ALT ASSIGNMENT; THE SIC REQUESTED THAT ATC 'CHECK THE TAPE.' THE NEXT TRANSMISSION FROM ATC TO THE ACFT; RECEIVED AFTER A SHORT PERIOD OF SILENCE WAS 'TURN LEFT HEADING 220 DEGS.' AT THIS POINT; NO FURTHER DISCUSSION OCCURRED BETWEEN ACFT AND ATC OVER THE MISUNDERSTANDING. A MOMENT LATER; THE DEP CTLR ISSUED A FREQ CHANGE AND HANDED THE ACFT OFF TO THE NEXT CTLR WITHOUT PROVIDING A TELEPHONE NUMBER TO CALL OR ANY EXPLANATION AS TO WHAT HAD ACTUALLY OCCURRED. THE FLT CREW CONCLUDED THAT THE DEP CTLR REALIZED HE HAD MADE A SIMPLE MISTAKE AND THAT THE MATTER HAD BEEN DROPPED. THE FLT CONTINUED TO DEST WITHOUT INCIDENT.

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.