Narrative:

In position ready for takeoff waiting for IFR release after lengthy delays due to WX, we were given additional 5-10 mins hold for release. Traffic was mixed IFR inbound, VFR in traffic pattern, and fly-by of flight of 5 wwii era warbirds (in pattern). After numerous radio xmissions between aircraft and the tower we were cleared for takeoff. Upon departure, we were instructed to avoid the flight of 5 who were in sight and turning toward us, maneuvering in the traffic area. We avoided the traffic and continued climb to 5000' as assigned in our clearance from ground control. The controller was fairly busy at this point, and we did not receive a handoff to ZOA. I was waiting for a chance to query the tower controller for a frequency change and as we passed through about 3000' I asked him if we should go to center. He said, 'affirmative, contact ZOA, good day.' when I checked in with center, 'out of 3.3 for 5000',' the controller immediately responded that we were assigned 3000'. We immediately stopped climb and maintained 3000'. Neither myself or my newly hired first officer recalled being assigned 3000'. In addition, we had 5000' set in the standby transponder as a reminder of our altitude (common practice, since our aircraft do not have altitude select). After asking the first officer if he was certain we were never given 3000', I responded to the controller, telling him it was the first we had heard of a new altitude, and we were level at 3000'. At that point the center controller told us to climb to 5000', and upon reaching 5000', turn and proceed direct to pye VOR. We complied and the rest of the flight proceeded according to plan. I do not remember hearing the tower give us 3000', nor do I know if it was blocked by other radio xmissions. If we were given 3000' by tower, I did not hear the first officer response to it as a readback and he did not change the # selected in the standby transponder. I have no solution to the occurrence since I do not now if in fact we were given a different altitude.

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Original NASA ASRS Text

Title: COMMUTER SMT ALT DEVIATION OVERSHOT DURING CLIMB OUT FROM STS.

Narrative: IN POS READY FOR TKOF WAITING FOR IFR RELEASE AFTER LENGTHY DELAYS DUE TO WX, WE WERE GIVEN ADDITIONAL 5-10 MINS HOLD FOR RELEASE. TFC WAS MIXED IFR INBND, VFR IN TFC PATTERN, AND FLY-BY OF FLT OF 5 WWII ERA WARBIRDS (IN PATTERN). AFTER NUMEROUS RADIO XMISSIONS BTWN ACFT AND THE TWR WE WERE CLRED FOR TKOF. UPON DEP, WE WERE INSTRUCTED TO AVOID THE FLT OF 5 WHO WERE IN SIGHT AND TURNING TOWARD US, MANEUVERING IN THE TFC AREA. WE AVOIDED THE TFC AND CONTINUED CLB TO 5000' AS ASSIGNED IN OUR CLRNC FROM GND CTL. THE CTLR WAS FAIRLY BUSY AT THIS POINT, AND WE DID NOT RECEIVE A HDOF TO ZOA. I WAS WAITING FOR A CHANCE TO QUERY THE TWR CTLR FOR A FREQ CHANGE AND AS WE PASSED THROUGH ABOUT 3000' I ASKED HIM IF WE SHOULD GO TO CENTER. HE SAID, 'AFFIRMATIVE, CONTACT ZOA, GOOD DAY.' WHEN I CHKED IN WITH CENTER, 'OUT OF 3.3 FOR 5000',' THE CTLR IMMEDIATELY RESPONDED THAT WE WERE ASSIGNED 3000'. WE IMMEDIATELY STOPPED CLB AND MAINTAINED 3000'. NEITHER MYSELF OR MY NEWLY HIRED F/O RECALLED BEING ASSIGNED 3000'. IN ADDITION, WE HAD 5000' SET IN THE STANDBY XPONDER AS A REMINDER OF OUR ALT (COMMON PRACTICE, SINCE OUR ACFT DO NOT HAVE ALT SELECT). AFTER ASKING THE F/O IF HE WAS CERTAIN WE WERE NEVER GIVEN 3000', I RESPONDED TO THE CTLR, TELLING HIM IT WAS THE FIRST WE HAD HEARD OF A NEW ALT, AND WE WERE LEVEL AT 3000'. AT THAT POINT THE CENTER CTLR TOLD US TO CLB TO 5000', AND UPON REACHING 5000', TURN AND PROCEED DIRECT TO PYE VOR. WE COMPLIED AND THE REST OF THE FLT PROCEEDED ACCORDING TO PLAN. I DO NOT REMEMBER HEARING THE TWR GIVE US 3000', NOR DO I KNOW IF IT WAS BLOCKED BY OTHER RADIO XMISSIONS. IF WE WERE GIVEN 3000' BY TWR, I DID NOT HEAR THE F/O RESPONSE TO IT AS A READBACK AND HE DID NOT CHANGE THE # SELECTED IN THE STANDBY XPONDER. I HAVE NO SOLUTION TO THE OCCURRENCE SINCE I DO NOT NOW IF IN FACT WE WERE GIVEN A DIFFERENT ALT.

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.