Date: 201202
Local time of day: 0601-1200
Location: TEB.Airport, NJ
Flight conditions: VMC
Light: Daylight
Aircraft: Light Transport; Low Wing; 2 Turbojet Eng
Operator: Fractional
Operating under: Part 91
Flight plan: IFR
Flight phase: Climb
Airspace: Class B EWR; Class D TEB
ATC / advisory: Tower TEB
Second aircraft: PA-31 Navajo/Chieftan/Mojave/T1040
Reporter organization: Fractional
Reporter function: First Officer; Pilot Not Flying
Reporter qualification: Flight Crew Air Transport Pilot (ATP)
Human factors: Time Pressure; Situational Awareness; Distraction; Communication Breakdown
Second reporter function: Pilot Flying; Captain
Anomaly: ATC Issue All Types; Conflict Airborne Conflict
Detector: Automation Aircraft RA
When detected: In-flight
Result: Flight Crew Returned To Clearance; Flight Crew Took Evasive Action; Flight Crew Requested ATC Assistance / Clarification
Contributing factors: Environment - Non Weather Related; Procedure; Human Factors
Primary problem: Procedure

Narrative: We were on the RUUDY departure from TEB off Runway 24. As we leveled at 1;500 FT before WENTZ Tower said we had Navajo traffic (do not recall if he gave direction) and I thought Tower said he has you in sight. When I looked the RA went off to 'Climb' and I saw the Navajo turn sharply right and dive to avoid us. Pilot flying had disconnected the autopilot and started to react to the RA and the Navajo was behind us. I do not think the Navajo saw us when he reported to TEB Tower he had us in sight. When he saw us his hard right turn and dive avoided what looked to me like a midair. I do not know if the pilot flying would have been able to avoid it even though he was reacting to the RA. Because the autopilot comes off we were about 10 degrees off course but not very far off course when we corrected our course. I do not even know if our off course would have been detected by radar. Departure did not say we were off course. I told Departure about it; he sounded very surprised asked if we knew the area and asked if TEB Tower issued the traffic. I said yes and it was very close. I do not recall what he said or I said because I was busy making sure we made the next altitude. In this airspace see and avoid is very questionable. It seems like there should be more positive control. It is easy to think you have traffic in sight and you may be mistaken as there is so much traffic.


Second narrative: As I started the climb I saw the aircraft (a Navajo) in a climb at our altitude. The aircraft began a hard right turn and began descending to pass behind us. ATC was notified that we were responding to an RA. As the conflict was resolved I immediately return to the altitude and course to resume the departure. It is my impression that the even though the Navajo pilot reported our aircraft in sight I do not believe he saw us at all. While responding to the RA I disengaged the autopilot and may have veered a few degrees left while searching for the Navajo. I immediately turn back to the course and reengaged the autopilot once the conflict was resolved. ATC seem shocked that we had received an alert but seem unaware of the Navajo. The event occurred when TEB had multiple departures and in my opinion the airspace was saturated. Even though you may feel they have the traffic in sight it seem that more positive control of departures would be prudent even it requires more separation and possible delays.


Synopsis: A Fractional Airline crew reported a near miss with a Navajo on the TEB RUUDY 4 SID at 1;500 FT approaching WENTZ Intersection.