Air carrier heavy transport altitude deviation excursion from clearance altitude.

Attributes
ACN	100191
Time
Date	198812
Day	Sun
Local Time Of Day	0601 To 1200
Place
Locale Reference	atc facility : rbv
State Reference	NJ
Altitude	msl bound lower : 17000 msl bound upper : 19500
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zny
Operator	common carrier : air carrier
Make Model Name	Heavy Transport, Low Wing, 4 Turbojet Eng
Flight Phase	climbout : intermediate altitude cruise other
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp pilot : cfi
Experience	flight time last 90 days : 152 flight time total : 9700 flight time type : 1000
ASRS Report	100191
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : atp
Events
Anomaly	altitude deviation : excursion from assigned altitude non adherence : clearance
Independent Detector	other controllera
Resolutory Action	controller : issued new clearance other
Consequence	faa : reviewed incident with flight crew
Supplementary
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Deviation

Narrative:

We were level at 17000' wbound near the rbv VORTAC on a clear sunday morning, working ZNY on frequency 132.1. I was operating the radios and the first officer was flying the aircraft. Radio traffic was moderately busy. I heard the controller call our flight number with a climb instruction to FL230. Because of the radio traffic I asked the controller to verify our flight was cleared to FL230. The controller answered affirmative. I then reported leaving 17000' for FL230. Passing FL195 another controller (different voice) asked for our altitude. I responded 'passing FL195.' this controller informed us that we were not cleared out of 17000'. When I asked if he wanted us to descend back to 17000', he cleared us to FL260. I told him that I had asked the other controller to verify the climb was for us and been answered affirmative. He said the other controller had told us negative, the climb was not for us. Both my first officer and F/east were monitoring center and reported hearing the first controller answer affirmative when I had asked the first controller to verify the climb. I think that controller training was taking place at the time this happened. There was no mention by either controller of loss of traffic sep. The area where this happened is where higher (climb) clearance is normally received. When sectors are busy, everyone, controller and flight crews, must be alert for proper communications.

Original NASA ASRS Text

Title: ACR HVT ALT DEVIATION EXCURSION FROM CLRNC ALT.

Narrative: WE WERE LEVEL AT 17000' WBOUND NEAR THE RBV VORTAC ON A CLEAR SUNDAY MORNING, WORKING ZNY ON FREQ 132.1. I WAS OPERATING THE RADIOS AND THE F/O WAS FLYING THE ACFT. RADIO TFC WAS MODERATELY BUSY. I HEARD THE CTLR CALL OUR FLT NUMBER WITH A CLB INSTRUCTION TO FL230. BECAUSE OF THE RADIO TFC I ASKED THE CTLR TO VERIFY OUR FLT WAS CLRED TO FL230. THE CTLR ANSWERED AFFIRMATIVE. I THEN RPTED LEAVING 17000' FOR FL230. PASSING FL195 ANOTHER CTLR (DIFFERENT VOICE) ASKED FOR OUR ALT. I RESPONDED 'PASSING FL195.' THIS CTLR INFORMED US THAT WE WERE NOT CLRED OUT OF 17000'. WHEN I ASKED IF HE WANTED US TO DSND BACK TO 17000', HE CLRED US TO FL260. I TOLD HIM THAT I HAD ASKED THE OTHER CTLR TO VERIFY THE CLB WAS FOR US AND BEEN ANSWERED AFFIRMATIVE. HE SAID THE OTHER CTLR HAD TOLD US NEGATIVE, THE CLB WAS NOT FOR US. BOTH MY F/O AND F/E WERE MONITORING CENTER AND RPTED HEARING THE FIRST CTLR ANSWER AFFIRMATIVE WHEN I HAD ASKED THE FIRST CTLR TO VERIFY THE CLB. I THINK THAT CTLR TRNING WAS TAKING PLACE AT THE TIME THIS HAPPENED. THERE WAS NO MENTION BY EITHER CTLR OF LOSS OF TFC SEP. THE AREA WHERE THIS HAPPENED IS WHERE HIGHER (CLB) CLRNC IS NORMALLY RECEIVED. WHEN SECTORS ARE BUSY, EVERYONE, CTLR AND FLT CREWS, MUST BE ALERT FOR PROPER COMS.

Data retrieved from NASA's ASRS site as of August 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.