Narrative:

Sfo configuration was landing and departing [runway] 28 with departures [on] either runway heading or shoreline departure. Aircraft X called up out of sql VFR requesting to pick up IFR clearance to hio. I radar identified aircraft X with a local VFR code and then issued a 280 heading and climb to 6;500 ft. This allowed me to keep my sfo departures climbing as well as aircraft X. After a coupe of departures climbed above aircraft X I issued a VFR climb to 9;500 and advised the pilot to expect an IFR clearance in 7 miles. I then changed aircraft X beacon code to a NAS code (squawk xyyx) and issued to proceed direct stins since that's how he was filed. [An irrelevant aircraft]; a sfo departure; was issued a climb beneath aircraft X. I issued aircraft X IFR clearance. At the point I decided to issue the IFR clearance. I saw aircraft X climbing through the issued altitude of 9;500; but didn't say anything because the initial IFR altitude in the clearance was going to be 10;000 ft. Pilot read back the route; but not the altitude of 10;000 ft. I then re-issued 10;000 and issued traffic. 12 o'clock and 4 miles was aircraft Y at 11;000 ft. Pilot replied with; 'looking...in sight...can we climb above to get above their wake turbulence?' (all [the] while still climbing past 10;000 ft and not reading back the 10;000 ft clearance). The highest I saw aircraft X climb to was 10;600 ft right in front of aircraft Y. I replied with; 'negative! Maintain 10;000!'. After aircraft X passed aircraft Y; he didn't look like he was direct stins so I queried the pilot. Aircraft X then asked me for the spelling for stins. After that I noticed aircraft X started to climb again when the pilot said that they were in VFR conditions and were requesting VFR on top direct to hio. I said unable; but to proceed direct to eni per ZOA's request. Pilot replied; 'great; on top direct hio.' I said; 'negative! Maintain 10;000 direct eni!' there was another IFR aircraft on the golden gate arrival at 11;000.only thing I could think of would be re-training for this pilot. He was not listening and was not concerned and aware of the consequences of his actions.

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Original NASA ASRS Text

Title: NCT Controller describes session where pilot does not listen to Controller and climbs to an altitude which is a conflict with other IFR traffic.

Narrative: SFO configuration was landing and departing [Runway] 28 with departures [on] either runway heading or Shoreline Departure. Aircraft X called up out of SQL VFR requesting to pick up IFR clearance to HIO. I radar identified Aircraft X with a local VFR code and then issued a 280 heading and climb to 6;500 FT. This allowed me to keep my SFO departures climbing as well as Aircraft X. After a coupe of departures climbed above Aircraft X I issued a VFR climb to 9;500 and advised the pilot to expect an IFR clearance in 7 miles. I then changed Aircraft X beacon code to a NAS code (squawk XYYX) and issued to proceed direct STINS since that's how he was filed. [An irrelevant aircraft]; a SFO departure; was issued a climb beneath Aircraft X. I issued Aircraft X IFR clearance. At the point I decided to issue the IFR clearance. I saw Aircraft X climbing through the issued altitude of 9;500; but didn't say anything because the initial IFR altitude in the clearance was going to be 10;000 FT. Pilot read back the route; but not the altitude of 10;000 FT. I then re-issued 10;000 and issued traffic. 12 o'clock and 4 miles was Aircraft Y at 11;000 FT. Pilot replied with; 'Looking...in sight...can we climb above to get above their wake turbulence?' (All [the] while still climbing past 10;000 FT and not reading back the 10;000 FT clearance). The highest I saw Aircraft X climb to was 10;600 FT right in front of Aircraft Y. I replied with; 'Negative! Maintain 10;000!'. After Aircraft X passed Aircraft Y; he didn't look like he was direct STINS so I queried the pilot. Aircraft X then asked me for the spelling for STINS. After that I noticed Aircraft X started to climb again when the pilot said that they were in VFR conditions and were requesting VFR on top direct to HIO. I said unable; but to proceed direct to ENI per ZOA's request. Pilot replied; 'Great; on top direct HIO.' I said; 'Negative! Maintain 10;000 direct ENI!' There was another IFR aircraft on the Golden Gate Arrival at 11;000.Only thing I could think of would be re-training for this pilot. He was not listening and was not concerned and aware of the consequences of his actions.

Data retrieved from NASA's ASRS site 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.