Originally Posted by
vessbot
GENERALLY, unless given a "climb/decent via," the altitude restrictions are not in effect.
https://www.faa.gov/about/office_org...nd_Via_FAQ.pdf
HOWEVER, for some procedures the altitudes are mandatory regardless of the "climb via." Look at LGA GLDMN 5 departure, the note "Strict compliance with track and altitude restrictions is mandatory."
Where does it say ATC cannot waive that with a "climb and maintain"?
Obviously if terrain (vice arrival traffic) is the conflict then ATC would never waive it. In this case I don't recall any mountains in Queens or Brooklyn (JFK traffic maybe).