Narrative:

Clearance was 'Loupe3; as filed; climb via the SID; maintain FL190; expect FL390 5 min after departure...' both pilots present and listened to the clearance on headsets. Reviewed and briefed SID. Both agreed no crossing restrictions; make the turn; stay below 200 knots under the class B; and climb to FL190 as assigned in the clearance. Both pilots familiar with the airport; the SID; and previous deviations at sjc; so we reviewed thoroughly. Upon climbing through 7;000 or so; ATC advised us that we were supposed to have stopped our climb at 5;000 feet and stated no issue because there was no traffic that time of the morning but wanted us to be aware. Issued clearance to climb maintain 15;000. Rest of flight uneventful. I believe we complied with the clearance as issued. If the intent of ATC was for us to stop our climb at 5000; the clearance should have been either; 'climb via the SID;' or; 'maintain 5000.' the fact that we were cleared to 'climb via the SID; maintain FL190' tells me that I should climb to FL190 and comply with any published crossing restrictions on the SID. There were none. The only ambiguity I see is that the controller did not say 'except maintain FL190;' so perhaps in that case we are supposed to stop at the top altitude of the SID? In that case; what is the purpose of even mentioning FL190? I believe a contributing factor is that the tower was closed and we received the clearance from approach. Maybe the phraseology was less clear because that facility is not normally the one issuing clearances out of sjc.

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Original NASA ASRS Text

Title: A CE-560XLS First Officer reported ATC advised them they climbed through the 'top altitude' of 5;000 feet on the LOUPE3 departure after they were cleared to 'climb via' the SID and maintain FL190.

Narrative: Clearance was 'Loupe3; as filed; climb via the SID; maintain FL190; expect FL390 5 min after departure...' Both pilots present and listened to the clearance on headsets. Reviewed and briefed SID. Both agreed no crossing restrictions; make the turn; stay below 200 knots under the Class B; and climb to FL190 as assigned in the clearance. Both pilots familiar with the airport; the SID; and previous deviations at SJC; so we reviewed thoroughly. Upon climbing through 7;000 or so; ATC advised us that we were supposed to have stopped our climb at 5;000 feet and stated no issue because there was no traffic that time of the morning but wanted us to be aware. Issued clearance to climb maintain 15;000. Rest of flight uneventful. I believe we complied with the clearance as issued. If the intent of ATC was for us to stop our climb at 5000; the clearance should have been either; 'climb via the SID;' or; 'maintain 5000.' The fact that we were cleared to 'climb via the SID; maintain FL190' tells me that I should climb to FL190 and comply with any published crossing restrictions on the SID. There were none. The only ambiguity I see is that the controller did not say 'EXCEPT maintain FL190;' so perhaps in that case we are supposed to stop at the top altitude of the SID? In that case; what is the purpose of even mentioning FL190? I believe a contributing factor is that the tower was closed and we received the clearance from approach. Maybe the phraseology was less clear because that facility is not normally the one issuing clearances out of SJC.

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.