Narrative:

Prior to departure, we were initially cleared from sjc to sea via the loupe 6 departure to maintain FL230. While I was involved in monitoring fueling in progress, a revised clearance was taken by the first officer due to a runway change. He informed me that the clearance was now the altam 6 SID to maintain FL230, since runway 12R was now in use. The SID states that turbojets will be at or above 11000 when 16 mi north of the sjc VORTAC on the 004 degree radial. After takeoff at approximately XA45 climbing rapidly and passing 11000' bay departure asked us if we were going to level at 11000'. The first officer was flying and I was talking on the radio. I immediately said that we were cleared to FL230. Bay in turn said, 'no you had been cleared to 11000'.' since we were climbing rapidly we were only able to level at 12000'. I asked who had cleared us to 11000', since our copying notes by the first officer of the 2 clrncs reflected FL230. Bay said tower had in our clearance. They also said that there was no conflict since we had leveled at 12000'. I asked for a telephone number for tower and received one. Both after reaching seattle and after returning to sjc on the return flight the same day, I talked to the head man at sjc tower about the incident. He said a review of the tape was made and that an altitude of 11000' was given on the 2ND clearance vs FL230, however, the first officer read back FL230 without the controller noting the discrepancy. I apologized to the controller for our error in not picking up the 11000' clearance when given, and he said that he had counseled the appropriate controller and that they accepted responsibility for the incident. I asked if I could listen to the tape, but they were too busy at the time. Lesson learned: both pilots and controllers must monitor and read back clrncs correctly and be ever mindful of discrepancies. In my case, it's as always important that both pilots hear issued clrncs if possible to preclude possible error.

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Original NASA ASRS Text

Title: ACR CLIMBS ABOVE ASSIGNED ALT DUE TO READBACK ERROR.

Narrative: PRIOR TO DEP, WE WERE INITIALLY CLRED FROM SJC TO SEA VIA THE LOUPE 6 DEP TO MAINTAIN FL230. WHILE I WAS INVOLVED IN MONITORING FUELING IN PROGRESS, A REVISED CLRNC WAS TAKEN BY THE F/O DUE TO A RWY CHANGE. HE INFORMED ME THAT THE CLRNC WAS NOW THE ALTAM 6 SID TO MAINTAIN FL230, SINCE RWY 12R WAS NOW IN USE. THE SID STATES THAT TURBOJETS WILL BE AT OR ABOVE 11000 WHEN 16 MI N OF THE SJC VORTAC ON THE 004 DEG RADIAL. AFTER TKOF AT APPROX XA45 CLIMBING RAPIDLY AND PASSING 11000' BAY DEP ASKED US IF WE WERE GOING TO LEVEL AT 11000'. THE F/O WAS FLYING AND I WAS TALKING ON THE RADIO. I IMMEDIATELY SAID THAT WE WERE CLRED TO FL230. BAY IN TURN SAID, 'NO YOU HAD BEEN CLRED TO 11000'.' SINCE WE WERE CLIMBING RAPIDLY WE WERE ONLY ABLE TO LEVEL AT 12000'. I ASKED WHO HAD CLRED US TO 11000', SINCE OUR COPYING NOTES BY THE F/O OF THE 2 CLRNCS REFLECTED FL230. BAY SAID TWR HAD IN OUR CLRNC. THEY ALSO SAID THAT THERE WAS NO CONFLICT SINCE WE HAD LEVELED AT 12000'. I ASKED FOR A TELEPHONE NUMBER FOR TWR AND RECEIVED ONE. BOTH AFTER REACHING SEATTLE AND AFTER RETURNING TO SJC ON THE RETURN FLT THE SAME DAY, I TALKED TO THE HEAD MAN AT SJC TWR ABOUT THE INCIDENT. HE SAID A REVIEW OF THE TAPE WAS MADE AND THAT AN ALT OF 11000' WAS GIVEN ON THE 2ND CLRNC VS FL230, HOWEVER, THE F/O READ BACK FL230 WITHOUT THE CTLR NOTING THE DISCREPANCY. I APOLOGIZED TO THE CTLR FOR OUR ERROR IN NOT PICKING UP THE 11000' CLRNC WHEN GIVEN, AND HE SAID THAT HE HAD COUNSELED THE APPROPRIATE CTLR AND THAT THEY ACCEPTED RESPONSIBILITY FOR THE INCIDENT. I ASKED IF I COULD LISTEN TO THE TAPE, BUT THEY WERE TOO BUSY AT THE TIME. LESSON LEARNED: BOTH PLTS AND CTLRS MUST MONITOR AND READ BACK CLRNCS CORRECTLY AND BE EVER MINDFUL OF DISCREPANCIES. IN MY CASE, IT'S AS ALWAYS IMPORTANT THAT BOTH PLTS HEAR ISSUED CLRNCS IF POSSIBLE TO PRECLUDE POSSIBLE ERROR.

Data retrieved from NASA's ASRS site as of July 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.