This is an excerpt from a report made to the Aviation Safety Reporting System. The narrative is written by the pilot, rather than FAA or NTSB officials. To maintain anonymity, many details, such as aircraft model or airport, are often scrubbed from the reports.
Essex County Airport (KCDW) in Caldwell, New Jersey, was landing Runway 22 and departing Runway 28. There were several aircraft in Runway 22 traffic pattern.
Tower cleared us for takeoff on 28 in direct conflict with the airplane turning downwind for 22.
As we reached pattern altitude Tower said “for your safety you can’t climb through the traffic pattern altitude on departure” and told us that we are supposed to level off below the pattern and fly that altitude until west of Morristown Municipal Airport (KMMU), which is many miles west of the airport.
Several problems with that idea:
- Flying low below 1,000 feet AGL in a congested area violates 91.119(b).
- It’s not safe to takeoff and immediately level off at 600 or 700 feet AGL in a single engine airplane.
- I’ve been flying and instructing out of this airport for years and have never heard of this “procedure” before. I checked the AFD and it just says Runway 28, departing the traffic pattern, runway heading until reaching pattern altitude.
There is a fundamental misconception between pilots and controllers about deconfliction in the traffic pattern at KCDW. Pilots believe that if you are cleared for takeoff then the controller must have made sure there is no conflicting traffic. The controllers seem to believe that they have no responsibility for deconfliction anywhere except the physical runway surface.
The issue is that this happens several times a day and it is the third time this year it has happened to me.
Today was the first time however, that the controller told us there is a “procedure” to level off immediately after takeoff below 1,000 feet.
There IS a procedure to maintain at or below 1,500 feet until west of KMMU but the controller seemed to have invented a new and confounding, unpublished and unsafe procedure of maintaining below pattern altitude (1,200 feet MSL). This is a perfect example of normalization of deviance and if not addressed will result in another fatal midair.
Primary Problem: Procedure
ACN: 2233501
When you click on the link it will take you to the ASRS Online Database. Click on Report Number and put the ACN in the search box, then click Search. On that page, click on “view only the 1 most recent report.”

I only flew to Caldwell once, but a local pilot warned me that it was a training facility and to be extremely cautious about clearances from the tower, as they were the equivalent of soloing students working the cab.
“…fly that altitude until west of Morristown Municipal Airport (KMMU), which is many miles west of the airport.”
7.3 miles away
OMG What a cry fuking baby.
No platform for expletives
Maybe that’s what he was taught when he became a controller st your airport, during his checkout procedure. Maybe he made it up on his own. Who knows?
Contact the tower chief and discuss it with them.
My thoughts exactly: Have a discussion with ATC before someone gets hurt.
“This is a perfect example of normalization of deviance and if not addressed will result in another fatal midair.”
It’s very sad that a 19,500-hour ATP/CFI can’t take the initiative and make it happen.
PIC is the operative word here:
During my flying experience you don’t put aircraft or passengers in danger just because Air Traffic or TOWER Controllers gives you bad directions.
You as the PIC are required to control the flight of the aircraft in a safe manner regardless of the directions of ATC or CT personnel. PIC is the ultimately responsible for the safety of that flight.