Narrative:

After departure from sjc airport and while on a sjc 6 SID, according to sjc departure control, I either left the TCA or operated below the floor of the TCA. That departure requires, when using runway 30L, to maintain runway heading until 1.8 mi, then turn right to 110 degrees to intercept the ave 304 degree right. When going through a northeast heading departure asked what the heading was. That request followed 2 more times. After responding 3 times, I asked my first officer to verify that departure had us in radar contact. He responded by saying that I was operating below the TCA. If, in fact, I was operating below the TCA, I would have been in violation of 91.70(C). More important, however, I believe that this particular SID is in error. My company procedures are to raise flaps after noise abatement procedures which in this case was 1000', and then to continue to accelerate in the climb. That is what I did. So, if I can follow proper procedures, and still go below or outside of the TCA, then there seems to be a flaw with this SID. I might also add that there is a note requiring that the above-mentioned right turn be made within 4 NM of sjc VORTAC. But I have used that same SID other times west/O a problem. Finally, other than going outside of the TCA, there does not seem to be a good reason for the 4 NM requirement. But, if I am missing something here, and there is a good reason, then more attention must be directed on the SID to maintaining a certain speed such as 200 KTS. From my experience that is the only way to avoid a similar incident.

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Original NASA ASRS Text

Title: POSSIBLE SPEED VIOLATION WHILE IN THE ATA OF DEP ARPT WHILE UNDER THE TCA. POSSIBLE VIOLATION OF FEDERAL AVIATION REG 91 PT 70 (B)(C).

Narrative: AFTER DEP FROM SJC ARPT AND WHILE ON A SJC 6 SID, ACCORDING TO SJC DEP CTL, I EITHER LEFT THE TCA OR OPERATED BELOW THE FLOOR OF THE TCA. THAT DEP REQUIRES, WHEN USING RWY 30L, TO MAINTAIN RWY HDG UNTIL 1.8 MI, THEN TURN RIGHT TO 110 DEGS TO INTERCEPT THE AVE 304 DEG R. WHEN GOING THROUGH A NE HDG DEP ASKED WHAT THE HDG WAS. THAT REQUEST FOLLOWED 2 MORE TIMES. AFTER RESPONDING 3 TIMES, I ASKED MY F/O TO VERIFY THAT DEP HAD US IN RADAR CONTACT. HE RESPONDED BY SAYING THAT I WAS OPERATING BELOW THE TCA. IF, IN FACT, I WAS OPERATING BELOW THE TCA, I WOULD HAVE BEEN IN VIOLATION OF 91.70(C). MORE IMPORTANT, HOWEVER, I BELIEVE THAT THIS PARTICULAR SID IS IN ERROR. MY COMPANY PROCS ARE TO RAISE FLAPS AFTER NOISE ABATEMENT PROCS WHICH IN THIS CASE WAS 1000', AND THEN TO CONTINUE TO ACCELERATE IN THE CLB. THAT IS WHAT I DID. SO, IF I CAN FOLLOW PROPER PROCS, AND STILL GO BELOW OR OUTSIDE OF THE TCA, THEN THERE SEEMS TO BE A FLAW WITH THIS SID. I MIGHT ALSO ADD THAT THERE IS A NOTE REQUIRING THAT THE ABOVE-MENTIONED RIGHT TURN BE MADE WITHIN 4 NM OF SJC VORTAC. BUT I HAVE USED THAT SAME SID OTHER TIMES W/O A PROB. FINALLY, OTHER THAN GOING OUTSIDE OF THE TCA, THERE DOES NOT SEEM TO BE A GOOD REASON FOR THE 4 NM REQUIREMENT. BUT, IF I AM MISSING SOMETHING HERE, AND THERE IS A GOOD REASON, THEN MORE ATTN MUST BE DIRECTED ON THE SID TO MAINTAINING A CERTAIN SPD SUCH AS 200 KTS. FROM MY EXPERIENCE THAT IS THE ONLY WAY TO AVOID A SIMILAR INCIDENT.

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.