ZNY CTLR CHALLENGES DA20 FLC TRACK DEV FROM FILED RTE. PLT CONCERNED WITH COMPANY APPLICATION OF FAA FLT TIME DUTY RULES.

Narrative

WE WERE FLYING FROM PHL-ALB ON AN IFR FLT PLAN. I WAS THE PNF. WHEN THE FO RECEIVED THE CLRNC IN PHL; IT HAD TO BE READ BACK 3 TIMES. IT WAS A DIFFICULT CLRNC INVOLVING A LOT OF VOR RADIALS WITH DME DISTANCES (EXAMPLE: GO DIRECT TO THE ABC VOR; TRACK OUTBOUND ON THE 020 DEG RADIAL FOR 17 DME; INTERCEPT THE DEF VOR 180 DEG RADIAL TO DEF VOR; THEN OUTBOUND ON THE 345 DEG RADIAL FOR 11 MI TO INTERCEPT V123). I WAS IN THE ACFT WHEN THE CLRNC DELIVERY CTLR READ THE CLRNC FOR THE LAST TIME. AS A CREW; WE REVIEWED WHAT WE JUST HEARD AND PROCEEDED TO TAXI AND TAKE OFF. WE WERE CONFIDENT THROUGH THE 3 READBACKS AND LOOKING OVER THE RTE. AS PNF; I WAS RESPONSIBLE FOR SETTING UP OUR VORS THROUGHOUT THE FLT. MY FO WAS HAVING SOME PROBS WITH ALT CTL AND TRACKING OUR VOR RADIALS. I HAD TO GRAB THE ACFT FROM HIM TWICE TO CORRECT. ONCE CORRECTED; I GAVE THE ACFT BACK TO HIM AND PROCEEDED WITH MY NON-FLYING DUTIES. IT WAS GOING FINE. THEN OVER JFK VOR; I PROCEEDED TO INSTRUCT HIM TO FLY OUTBOUND ON THE 064 DEG RADIAL FOR 16 DME. THE CTR CTLR AT ABOUT 10 DME NE OF JFK VOR STATED; 'YOU ARE 10 MI OFF COURSE.' I REPLIED THAT WE WERE OUTBOUND ON THIS RADIAL FOR 16 DME THEN ONTO LGA VOR. HE REPLIED; 'YOU'RE NOT EVEN SUPPOSED TO BE OVER JFK VOR; FLY HEADING 030 DEGS FOR ALB.' IT WAS THEN I REALIZED THAT I HAD INTERPRETED THE CLRNC WRONG. I DO NOT THINK ANYTHING WILL HAPPEN AS A RESULT FROM THE CTR; BUT I HAVE A FEW IDEAS THAT MIGHT HELP PREVENT THIS FROM HAPPENING AGAIN. 1) I THINK A CONFUSING CLRNC LIKE THAT COULD HAVE BEEN MADE SIMPLER TO FLY USING DIRECT VORS AND INTXNS; NOT RANDOM DME/RADIALS. 2) MY COMPANY NEEDS TO PAY MORE FOR PLT SVCS SO THAT THERE WILL BE 2 COMPETENT PLTS IN THE COCKPIT AND NOT ONE. I BELIEVE I WAS DISTRACTED WHEN I HAD TO FLY THE ACFT AND NAV; TOO. 3) MY FO SHOULD HAVE BEEN MORE PRO-ACTIVE. HE SEEMED TO RELY ON ME TO TELL HIM WHAT TO DO AND WHERE TO GO. WHEN I SCREWED UP; THERE WAS NO WAY HE WAS GOING TO CATCH IT (BAD CRM). 4) OUR COMPANY USES THE FLT AND DUTY LOOP-HOLE. WHAT I MEAN IS; WE ARE A NON-SCHEDULE OP AND ALL OUR PLTS ARE ON CALL 24 HRS A DAY; 7 DAYS A WK. WHEN CALLED FOR DUTY; OUR COMPANY EXPECTS 14 HRS OF DUTY AND 10 HRS OF FLYING. LOTS OF TIME PLTS ARE TIRED GOING TO WORK. THIS IS DANGEROUS. I BELIEVE; SINCE WE WERE CALLED OUT AT XA00 AM; THAT FATIGUE PLAYED A MAJOR ROLE IN THIS SCREW UP. THE FAA NEEDS TO STOP PLAYING AROUND AND CHANGE THIS ON-CALL 24/7 STUFF ASAP. WX WAS NOT A FACTOR. SUMMARY: BAD CLRNC; POOR FLYING SKILLS; BAD CRM; AND FATIGUE.