Narrative:

We were assigned the 'loupe six' departure/linden transition to depart sjc. The captain arrived 10 min prior to scheduled departure, having deadheaded in on another airline. I had already preflted, gotten our clearance, programmed the FMC and set up the airplane for departure. WX was clear. The captain accomplished his preflight checks, asked me if I was familiar with sjc and the SID and if I would mind flying the outbnd leg. I briefed the captain on our clearance and pointed out that I had his navigation set to the sjc 339 degree right in manual and mine set to the 047 degree right, also in manual. The SID states to maintain runway heading to the sjc 1.8 DME then turn right to 120 degree, cross sjc 047 degree right at or below 5000', expect vectors to the sjc VOR, continue climb to 12,000', thence the 339 degree right outbnd. With both VOR/navigation's set in manual, the ehsi displays dashed green lines graphically and numerically displaying the radials selected on the obs. I set my map scale to 10 NM with the intention of using it as my reference for the 047 degree right 5000' crossing restriction. Initial climb rate was about 4000 FPM. I then ignored FD information (pitch), lowered the nose and retarded the throttles to reduce rate of climb, while accelerating to 250 KTS. While still in a 30 degree bank approaching 120 degree heading, planning to cross the 047 degree right, displayed before reaching 5000'. When I looked down at the ehsi the tip of the airplane symbol just about to cross the 047 degree display. Our rate of climb was about 2000 FPM and we were passing through 4500'. I pushed the throttles back up to climb thrust. The rate of climb increased to just under 4000 FPM. Departure controller requested our 'altitude leaving'. The captain replied '6200'.' the controller replied that we had 'busted altitude restriction' and to maintain 10,000'. The captain began looking for his departure plate for our attempt to understand what had just occurred. While en route, we requested the bay departure's phone #. Center gave us another phone # with a request for us to call bay departure upon our arrival. In den we called bay departure. According to the captain, the controller on the other end of the line seemed very angry and read the 'captain's pedigree'. The controller claimed that he called us with the altitude request before we crossed the 047 degree right and we busted the altitude restriction by over 2000'. Even though he said that he would 'let it go' this time, we felt that his attitude was a bit out of line. The captain said that he did not remember if he noted the altitude that we crossed the radial as he was primarily 'out of the cockpit' scanning for traffic. I'm convinced that we had to have been within a couple of hundred ft of the restriction.

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Original NASA ASRS Text

Title: ACR MLG ALT DEVIATION OVERSHOT ON LOUPE SIX OUT OF SJC.

Narrative: WE WERE ASSIGNED THE 'LOUPE SIX' DEP/LINDEN TRANSITION TO DEPART SJC. THE CAPT ARRIVED 10 MIN PRIOR TO SCHEDULED DEP, HAVING DEADHEADED IN ON ANOTHER AIRLINE. I HAD ALREADY PREFLTED, GOTTEN OUR CLRNC, PROGRAMMED THE FMC AND SET UP THE AIRPLANE FOR DEP. WX WAS CLEAR. THE CAPT ACCOMPLISHED HIS PREFLT CHECKS, ASKED ME IF I WAS FAMILIAR WITH SJC AND THE SID AND IF I WOULD MIND FLYING THE OUTBND LEG. I BRIEFED THE CAPT ON OUR CLRNC AND POINTED OUT THAT I HAD HIS NAV SET TO THE SJC 339 DEG R IN MANUAL AND MINE SET TO THE 047 DEG R, ALSO IN MANUAL. THE SID STATES TO MAINTAIN RWY HDG TO THE SJC 1.8 DME THEN TURN RIGHT TO 120 DEG, CROSS SJC 047 DEG R AT OR BELOW 5000', EXPECT VECTORS TO THE SJC VOR, CONTINUE CLIMB TO 12,000', THENCE THE 339 DEG R OUTBND. WITH BOTH VOR/NAV'S SET IN MANUAL, THE EHSI DISPLAYS DASHED GREEN LINES GRAPHICALLY AND NUMERICALLY DISPLAYING THE RADIALS SELECTED ON THE OBS. I SET MY MAP SCALE TO 10 NM WITH THE INTENTION OF USING IT AS MY REFERENCE FOR THE 047 DEG R 5000' XING RESTRICTION. INITIAL CLIMB RATE WAS ABOUT 4000 FPM. I THEN IGNORED FD INFO (PITCH), LOWERED THE NOSE AND RETARDED THE THROTTLES TO REDUCE RATE OF CLIMB, WHILE ACCELERATING TO 250 KTS. WHILE STILL IN A 30 DEG BANK APCHING 120 DEG HDG, PLANNING TO CROSS THE 047 DEG R, DISPLAYED BEFORE REACHING 5000'. WHEN I LOOKED DOWN AT THE EHSI THE TIP OF THE AIRPLANE SYMBOL JUST ABOUT TO CROSS THE 047 DEG DISPLAY. OUR RATE OF CLIMB WAS ABOUT 2000 FPM AND WE WERE PASSING THROUGH 4500'. I PUSHED THE THROTTLES BACK UP TO CLIMB THRUST. THE RATE OF CLIMB INCREASED TO JUST UNDER 4000 FPM. DEP CTLR REQUESTED OUR 'ALT LEAVING'. THE CAPT REPLIED '6200'.' THE CTLR REPLIED THAT WE HAD 'BUSTED ALT RESTRICTION' AND TO MAINTAIN 10,000'. THE CAPT BEGAN LOOKING FOR HIS DEP PLATE FOR OUR ATTEMPT TO UNDERSTAND WHAT HAD JUST OCCURRED. WHILE ENRTE, WE REQUESTED THE BAY DEP'S PHONE #. CENTER GAVE US ANOTHER PHONE # WITH A REQUEST FOR US TO CALL BAY DEP UPON OUR ARR. IN DEN WE CALLED BAY DEP. ACCORDING TO THE CAPT, THE CTLR ON THE OTHER END OF THE LINE SEEMED VERY ANGRY AND READ THE 'CAPT'S PEDIGREE'. THE CTLR CLAIMED THAT HE CALLED US WITH THE ALT REQUEST BEFORE WE CROSSED THE 047 DEG R AND WE BUSTED THE ALT RESTRICTION BY OVER 2000'. EVEN THOUGH HE SAID THAT HE WOULD 'LET IT GO' THIS TIME, WE FELT THAT HIS ATTITUDE WAS A BIT OUT OF LINE. THE CAPT SAID THAT HE DID NOT REMEMBER IF HE NOTED THE ALT THAT WE CROSSED THE RADIAL AS HE WAS PRIMARILY 'OUT OF THE COCKPIT' SCANNING FOR TFC. I'M CONVINCED THAT WE HAD TO HAVE BEEN WITHIN A COUPLE OF HUNDRED FT OF THE RESTRICTION.

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.