Narrative:

Departed sjc with a loupe 5 departure. After 2 1/2 mi on runway heading, I started a right turn to 120 degrees and climbing to FL230. Departure gave us fly 120 degree heading vectors to VOR with maximum 250 KTS until further advised. About 9 mi south of VOR we were given clearance to cross VOR at or above 12000', maintain FL230, change to ZOA 132.95. We changed over about 9500' and center said cleared to FL230 with restriction. We rogered assuming restriction was the maximum 250 KTS. As we crossed VOR he again said climb to 230 with restrictions, and asked our altitude. As we crossed VOR I stopped climb at about 12250' as the controller and clearance sounded like something wasn't right. I quickly descended 250' to 12000'. The controller then gave us climb and maintain FL230. We believed the clearance from departure was wrong, or we all 3 copied it wrong. I think the center wanted us to cross VOR at 12000', then climb to FL230. But we understood and copied from departure to cross VOR at or above 12000', maintain FL230. There are too many restrictions on that departure for center to say climb to FL230 with restrictions. It's a bad departure at best. There's too much light airplane traffic with so many restrictions (headings, altitudes, right's, etc). It needs changing immediately for safety's sake. Callback conversation with reporter revealed the following: captain not satisfied with basic SID or associated ATC procedure. Too many altitude changes/radios/right's to consider. States that normally, the departure controller will give vectors (on a runway 30 departure) to intercept the 121 degree right of oak VOR. On this event crew failed to properly communicate with ZOA redefinition of 'restriction.' feels that center controller should reiterate the 'restriction' as controller understands it. This of course in no way should alleviate pilot's responsibility for under standing clearance. Comment #2 re: loupe 5 departure. Sometimes departure controller will allow 'at pilot's discretion' to turn right back to the sjc VOR, releasing the chart turn altitude restriction. This sometimes creates a problem as some pilots misjudge aircraft's capability to cross VOR at 11000', thereby busting the altitude restriction. Pilot suggests to leave turn alone and let the chart note re: turn stand, ie, 'right turn direct sjc VOR reaching 7000'.'

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Original NASA ASRS Text

Title: POSSIBLE ALT BUST CLRNC INTERP ERROR.

Narrative: DEPARTED SJC WITH A LOUPE 5 DEP. AFTER 2 1/2 MI ON RWY HDG, I STARTED A RIGHT TURN TO 120 DEGS AND CLBING TO FL230. DEP GAVE US FLY 120 DEG HDG VECTORS TO VOR WITH MAX 250 KTS UNTIL FURTHER ADVISED. ABOUT 9 MI S OF VOR WE WERE GIVEN CLRNC TO CROSS VOR AT OR ABOVE 12000', MAINTAIN FL230, CHANGE TO ZOA 132.95. WE CHANGED OVER ABOUT 9500' AND CENTER SAID CLRED TO FL230 WITH RESTRICTION. WE ROGERED ASSUMING RESTRICTION WAS THE MAX 250 KTS. AS WE CROSSED VOR HE AGAIN SAID CLB TO 230 WITH RESTRICTIONS, AND ASKED OUR ALT. AS WE CROSSED VOR I STOPPED CLB AT ABOUT 12250' AS THE CTLR AND CLRNC SOUNDED LIKE SOMETHING WASN'T RIGHT. I QUICKLY DSNDED 250' TO 12000'. THE CTLR THEN GAVE US CLB AND MAINTAIN FL230. WE BELIEVED THE CLRNC FROM DEP WAS WRONG, OR WE ALL 3 COPIED IT WRONG. I THINK THE CENTER WANTED US TO CROSS VOR AT 12000', THEN CLB TO FL230. BUT WE UNDERSTOOD AND COPIED FROM DEP TO CROSS VOR AT OR ABOVE 12000', MAINTAIN FL230. THERE ARE TOO MANY RESTRICTIONS ON THAT DEP FOR CENTER TO SAY CLB TO FL230 WITH RESTRICTIONS. IT'S A BAD DEP AT BEST. THERE'S TOO MUCH LIGHT AIRPLANE TFC WITH SO MANY RESTRICTIONS (HDGS, ALTS, R'S, ETC). IT NEEDS CHANGING IMMEDIATELY FOR SAFETY'S SAKE. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING: CAPT NOT SATISFIED WITH BASIC SID OR ASSOCIATED ATC PROC. TOO MANY ALT CHANGES/RADIOS/R'S TO CONSIDER. STATES THAT NORMALLY, THE DEP CTLR WILL GIVE VECTORS (ON A RWY 30 DEP) TO INTERCEPT THE 121 DEG R OF OAK VOR. ON THIS EVENT CREW FAILED TO PROPERLY COMMUNICATE WITH ZOA REDEFINITION OF 'RESTRICTION.' FEELS THAT CENTER CTLR SHOULD REITERATE THE 'RESTRICTION' AS CTLR UNDERSTANDS IT. THIS OF COURSE IN NO WAY SHOULD ALLEVIATE PLT'S RESPONSIBILITY FOR UNDER STANDING CLRNC. COMMENT #2 RE: LOUPE 5 DEP. SOMETIMES DEP CTLR WILL ALLOW 'AT PLT'S DISCRETION' TO TURN RIGHT BACK TO THE SJC VOR, RELEASING THE CHART TURN ALT RESTRICTION. THIS SOMETIMES CREATES A PROB AS SOME PLTS MISJUDGE ACFT'S CAPABILITY TO CROSS VOR AT 11000', THEREBY BUSTING THE ALT RESTRICTION. PLT SUGGESTS TO LEAVE TURN ALONE AND LET THE CHART NOTE RE: TURN STAND, IE, 'RIGHT TURN DIRECT SJC VOR REACHING 7000'.'

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.