Narrative:

During taxi to runway 1 for departure at teb I briefed the teb 5 departure which we were assigned in the clearance. 'Heading 040 degrees until leaving 1500 ft; maintain 2000 ft.' we were cleared by tower to taxi into position and hold; and I noticed that the PIC had set 1500 ft in the altitude selector. I reviewed the chart; stated that the procedure for runway 1 does not require a leveloff at 1500 ft; only a turn; and requested that he set 2000 ft in the altitude selector as that was the specified leveloff altitude. My assumption at the time was that he confused the required leveloff at 1500 ft when taking off runway 19 or 24; with the turn at 1500 ft for the runway 1 procedure. At this point we received take-off clearance. After establishing a 040 degree heading; the PIC again insisted I leveloff at 1500 ft until he told me different. Again; I considered his authority and experience as PIC; and the possibility that I misinterpreted some aspect of the procedure. As I was leveling at 1500 ft; ATC issued a climb to 6000 ft which I immediately executed. Reaching cruise altitude I again carefully reviewed the procedure; and asked the PIC to review the procedure with me; as I could find no requirement or authorization to level at 1500 ft when departing runway 1. I was told that he 'knew what the chart said' and that he 'had been burned too many times on the teb 5 departure.' he 'normally did not allow sic's to fly the teb 5 departure; and that he required the leveloff at 1500 ft' 'to give him time' because he had had too many sic's bust the 2000 foot altitude; and going direct to 2000 ft didn't allow him enough time to stop the climb. He stated that he believed there was nothing wrong with a momentary leveloff at 1500 ft. I personally believe that setting 1500 ft in the altitude selector and leveling at 1500 ft was contrary to the assigned departure procedure and therefore the clearance. I also believe it sets a poor precedent. Under what other circumstance do you set the altitude selector for 500 ft lower altitude than the one assigned? For example; would it be appropriate to set 1000 ft and leveloff on the runway 19 or 24 departures for the teb 5 as a method to avoid exceeding 1500 ft? I believe this problem was caused by the PIC's uncertainty about the departure procedure; and his insistence on deviating from the published procedure.

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Original NASA ASRS Text

Title: THE CAPT OF A DEPARTING HAWKER INSTRUCTED HIS FLYING FO TO LEVEL AT 1500 FT ON THE TEB DEP; CONTRARY TO THE CHARTED 2000 FT.

Narrative: DURING TAXI TO RWY 1 FOR DEP AT TEB I BRIEFED THE TEB 5 DEP WHICH WE WERE ASSIGNED IN THE CLRNC. 'HDG 040 DEGS UNTIL LEAVING 1500 FT; MAINTAIN 2000 FT.' WE WERE CLRED BY TOWER TO TAXI INTO POSITION AND HOLD; AND I NOTICED THAT THE PIC HAD SET 1500 FT IN THE ALTITUDE SELECTOR. I REVIEWED THE CHART; STATED THAT THE PROC FOR RWY 1 DOES NOT REQUIRE A LEVELOFF AT 1500 FT; ONLY A TURN; AND REQUESTED THAT HE SET 2000 FT IN THE ALTITUDE SELECTOR AS THAT WAS THE SPECIFIED LEVELOFF ALT. MY ASSUMPTION AT THE TIME WAS THAT HE CONFUSED THE REQUIRED LEVELOFF AT 1500 FT WHEN TAKING OFF RWY 19 OR 24; WITH THE TURN AT 1500 FT FOR THE RWY 1 PROC. AT THIS POINT WE RECEIVED TAKE-OFF CLRNC. AFTER ESTABLISHING A 040 DEG HDG; THE PIC AGAIN INSISTED I LEVELOFF AT 1500 FT UNTIL HE TOLD ME DIFFERENT. AGAIN; I CONSIDERED HIS AUTHORITY AND EXPERIENCE AS PIC; AND THE POSSIBILITY THAT I MISINTERPRETED SOME ASPECT OF THE PROC. AS I WAS LEVELING AT 1500 FT; ATC ISSUED A CLB TO 6000 FT WHICH I IMMEDIATELY EXECUTED. REACHING CRUISE ALTITUDE I AGAIN CAREFULLY REVIEWED THE PROC; AND ASKED THE PIC TO REVIEW THE PROC WITH ME; AS I COULD FIND NO REQUIREMENT OR AUTHORIZATION TO LEVEL AT 1500 FT WHEN DEPARTING RWY 1. I WAS TOLD THAT HE 'KNEW WHAT THE CHART SAID' AND THAT HE 'HAD BEEN BURNED TOO MANY TIMES ON THE TEB 5 DEP.' HE 'NORMALLY DID NOT ALLOW SIC'S TO FLY THE TEB 5 DEP; AND THAT HE REQUIRED THE LEVELOFF AT 1500 FT' 'TO GIVE HIM TIME' BECAUSE HE HAD HAD TOO MANY SIC'S BUST THE 2000 FOOT ALTITUDE; AND GOING DIRECT TO 2000 FT DIDN'T ALLOW HIM ENOUGH TIME TO STOP THE CLB. HE STATED THAT HE BELIEVED THERE WAS NOTHING WRONG WITH A MOMENTARY LEVELOFF AT 1500 FT. I PERSONALLY BELIEVE THAT SETTING 1500 FT IN THE ALTITUDE SELECTOR AND LEVELING AT 1500 FT WAS CONTRARY TO THE ASSIGNED DEP PROC AND THEREFORE THE CLRNC. I ALSO BELIEVE IT SETS A POOR PRECEDENT. UNDER WHAT OTHER CIRCUMSTANCE DO YOU SET THE ALTITUDE SELECTOR FOR 500 FT LOWER ALTITUDE THAN THE ONE ASSIGNED? FOR EXAMPLE; WOULD IT BE APPROPRIATE TO SET 1000 FT AND LEVELOFF ON THE RWY 19 OR 24 DEPS FOR THE TEB 5 AS A METHOD TO AVOID EXCEEDING 1500 FT? I BELIEVE THIS PROBLEM WAS CAUSED BY THE PIC'S UNCERTAINTY ABOUT THE DEP PROC; AND HIS INSISTENCE ON DEVIATING FROM THE PUBLISHED PROC.

Data retrieved from NASA's ASRS site as of May 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.