Date: 201307
Local time of day: 1801-2400
Location: TEB.Airport, NJ
Flight conditions: VMC
Weather elements / visibility: 5
Light: Daylight
Aircraft: Light Transport; Low Wing; 2 Turbojet Eng
Operator: Corporate
Operating under: Part 91
Flight plan: IFR
Mission: Passenger
Flight phase: Climb
Airspace: Class B EWR
ATC / advisory: TRACON N90
Reporter organization: Corporate
Reporter function: Captain; Pilot Not Flying
Reporter qualification: Flight Crew Multiengine; Flight Crew Instrument; Flight Crew Air Transport Pilot (ATP)
Human factors: Situational Awareness; Confusion; Fatigue
Second reporter function: Captain; Pilot Flying
Anomaly: Deviation - Altitude Crossing Restriction Not Met; Deviation - Altitude Overshoot; Deviation / Discrepancy - Procedural Clearance; Deviation / Discrepancy - Procedural Published Material / Policy
Detector: Person Air Traffic Control
When detected: In-flight
Result: Air Traffic Control Issued Advisory / Alert; Flight Crew Returned To Clearance
Contributing factors: Human Factors
Primary problem: Human Factors

Narrative: I was Captain; sitting right seat as the pilot not flying. I briefed the RUUDY 4 RNAV departure to the pilot flying. He disagreed with me concerning the initial altitude to which I had set our autopilot. He felt that we were required to maintain at or below 1;500 FT MSL to WENTZ; and to cross WENTZ at 1;500 FT MSL; so that the initial autopilot altitude to be set in the box should have been 1;500 FT. I felt that the altitude restriction of 2;000 FT MSL or as directed by ATC was the governing restriction. Ultimately; although he was still not certain; the pilot flying deferred to me and we set 2;000 FT MSL as the initial altitude hold for the autopilot. After takeoff; we attempted to comply with the noise abatement procedure for TEB. We were climbing steeply. We had climbed to 1;500 FT MSL about one mile before we reached WENTZ and continued our climb. When we reached approximately 1;700 FT MSL; ATC called and advised that we were supposed to have stopped our climb at 1;500 FT. The pilot flying immediately took the yoke and began a descent; but our momentum carried us to about 2;000 FT before we actually started back down.In thinking about why I may have been confused about a procedure that I have flown correctly many; many times before; I believe that I was fatigued and hungry (possibly hypoglycemic). I awoke at about XA00 to catch an airline flight which was scheduled to depart at XE06. The flight was delayed and actually did not depart until approximately XJ40. We arrived at LGA at approximately XN00. We then had to take a taxicab to TEB; which took about an hour. We then had to change the flight plan; pre-flight the aircraft; load passengers; brief and depart. Our actual departure was a little more than 15 hours after I had awakened. Also; I had only had a small sandwich for breakfast at XD00; and a small part of a sandwich at approximately XP00; as my total food intake for the day. Other members of our flight department; and I; have; on numerous occasions advised our owner that we wish to avoid fatigue in these situations; and he has consistently refused to airline us up the day prior to his planned trips and to put us up in a hotel. He has only authorized same day airline; usually by the least-expensive carrier. In the past; this has not resulted in any significant problems. But; it seems that this time; it may have. Because the pilot not flying was younger than I; with less total time; and because I was the 'Captain'; I feel that he deferred to me; even though he knew I was not correct. Neither of us thought to call ATC to resolve the confusion. This may be due to the fact that we were both fatigued and anxious to get home. I intend to go with my other pilots for additional refresher training in CRM to make sure that my other pilots feel comfortable countermanding any incorrect actions I may take. In addition; I intend to speak with my owner to insist that he provide us with necessary crew rest procedures to avoid fatigue. It is quite difficult; especially in a Part 91 situation; for a crew member to walk away from a flight; or from a job; if the owner refuses to adhere to safety considerations. It would be helpful if; under such situations; where the owner is advised of an unsafe condition; and refuses to address it; the FAA would file a notice of civil penalty against the owner; so that the owner; and not just the crew; has a stake in the outcome.


Second narrative: I was sitting left seat as the pilot flying. I am a Captain; but a more-senior Captain was sitting right seat as the pilot not flying. We were briefing the RUUDY 4 RNAV departure. I disagreed with the pilot not flying concerning the initial altitude to which he had set our autopilot. I felt that we were required to maintain at or below 1;500 FT MSL to WENTZ; and to cross WENTZ at 1;500 FT MSL; so that the initial autopilot altitude to be set in the box should have been 1;500 FT. The pilot not flying felt that the altitude restriction of 2;000 FT MSL or as directed by ATC was the governing restriction. Ultimately; although I was still not certain; I deferred to my more-senior Captain and we set 2;000 FT MSL as the initial altitude hold for the autopilot.After takeoff; we attempted to comply with the noise abatement procedure for TEB. We were climbing steeply. We had climbed to 1;500 FT MSL about one mile before we reached WENTZ and continued our climb. When we reached approximately 1;700 FT MSL; ATC called and advised that we were supposed to have stopped our climb at 1;500 FT. I immediately took the yoke and began a descent; but our momentum carried us to about 2;000 FT before we actually started back down.I awoke at about XA00 to catch an airline flight which was scheduled to depart at XE06. The flight was delayed and actually did not depart until approximately XJ40. We arrived at LGA at approximately XN00. We then had to take a taxicab to TEB; which took about an hour. We then had to change the flight plan; pre-flight the aircraft; load passengers; brief and depart. I feel that this may have made me less likely to have argued with the more-senior Captain about the interpretation of the approach plate. It also may have contributed to my reluctance to spend the time and the energy speaking with ATC to try to resolve the dispute about the proper interpretation of the SID; even though I felt strongly that my interpretation was correct.Even though I know from my CRM training that I need to countermand a more-senior member of the flight crew if I am certain that he or she is incorrect; I feel that I was hesitant to do so in this case due to my respect for the more-senior Captain and my fatigued state.


Synopsis: Corporate jet flight crew reports a disagreement over the proper altitudes to fly on the RUUDY 4 departure from TEB; with the junior Captain deferring to the senior Captain. WENTZ is crossed above 1;500 FT climbing to 2;000 FT and noted by ATC.