Narrative:

I was in command of air carrier medium large transport X from sjc to lax on a scheduled flight. Sjc clearance cleared us for the sjc 6 (sjc 6 mooney) departure to FL230. Sjc tower cleared us for takeoff behind a corporate mdt Y jet to maintain visibility clearance and do not turn inside him in our turn. We acknowledged we could maintain visibility and departed. We climbed to 1.8 DME and began our right turn, and contacted bay area approach/departure (ATC). ATC acknowledged us radar contact and gave no further instructions. During our right turn we followed mdt Y's same radius of turn and climbed out behind him on a 110 degree heading as per SID. During takeoff, climb and turn both pilots were outside the cockpit watching mdt Y as instructed by sjc tower. At approximately 5800' MSL ATC told us to level at 6000' and we complied, he called back after level and said he had not relieved us of the 5000' restriction on the SID; at which point I checked my HSI to see our position relative to the sjc 047 right. My HSI showed us about 1/2 DOT southeast of the right; however we could not have known our exact position passing 5000' because both pilots were outside the cockpit. No evasive action was taken by us or mandated by ATC and no other aircraft were in sight, except mdt Y. ATC then cleared us to FL230. Later center gave us a phone number to call bay approach when we reached lax. Upon talking to the supervisor, he said we had violated the SID and were the third aircraft in five days to do so. Supplemental information from acn 141701. The contributing factors in this situation are the fact we were cleared to follow mdt Y visually which put us outside the cockpit and made it difficult to follow SID. The SID has a line drawn under the altitude which at first glance appears to mean the altitude is a minimum not a maximum. Our company is using east coast crews to fly west coast rtes so controllers should not assume crews are familiar with restrictions.

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Original NASA ASRS Text

Title: ACR MLG ON SJC SIX SID OVERSHOOTS 5000' ALT RESTRICTION ON CHART.

Narrative: I WAS IN COMMAND OF ACR MLG X FROM SJC TO LAX ON A SCHEDULED FLT. SJC CLRNC CLRED US FOR THE SJC 6 (SJC 6 MOONEY) DEP TO FL230. SJC TWR CLRED US FOR TKOF BEHIND A CORPORATE MDT Y JET TO MAINTAIN VIS CLRNC AND DO NOT TURN INSIDE HIM IN OUR TURN. WE ACKNOWLEDGED WE COULD MAINTAIN VIS AND DEPARTED. WE CLBED TO 1.8 DME AND BEGAN OUR R TURN, AND CONTACTED BAY AREA APCH/DEP (ATC). ATC ACKNOWLEDGED US RADAR CONTACT AND GAVE NO FURTHER INSTRUCTIONS. DURING OUR R TURN WE FOLLOWED MDT Y'S SAME RADIUS OF TURN AND CLBED OUT BEHIND HIM ON A 110 DEG HDG AS PER SID. DURING TKOF, CLB AND TURN BOTH PLTS WERE OUTSIDE THE COCKPIT WATCHING MDT Y AS INSTRUCTED BY SJC TWR. AT APPROX 5800' MSL ATC TOLD US TO LEVEL AT 6000' AND WE COMPLIED, HE CALLED BACK AFTER LEVEL AND SAID HE HAD NOT RELIEVED US OF THE 5000' RESTRICTION ON THE SID; AT WHICH POINT I CHKED MY HSI TO SEE OUR POS RELATIVE TO THE SJC 047 R. MY HSI SHOWED US ABOUT 1/2 DOT SE OF THE R; HOWEVER WE COULD NOT HAVE KNOWN OUR EXACT POS PASSING 5000' BECAUSE BOTH PLTS WERE OUTSIDE THE COCKPIT. NO EVASIVE ACTION WAS TAKEN BY US OR MANDATED BY ATC AND NO OTHER ACFT WERE IN SIGHT, EXCEPT MDT Y. ATC THEN CLRED US TO FL230. LATER CENTER GAVE US A PHONE NUMBER TO CALL BAY APCH WHEN WE REACHED LAX. UPON TALKING TO THE SUPVR, HE SAID WE HAD VIOLATED THE SID AND WERE THE THIRD ACFT IN FIVE DAYS TO DO SO. SUPPLEMENTAL INFO FROM ACN 141701. THE CONTRIBUTING FACTORS IN THIS SITUATION ARE THE FACT WE WERE CLRED TO FOLLOW MDT Y VISUALLY WHICH PUT US OUTSIDE THE COCKPIT AND MADE IT DIFFICULT TO FOLLOW SID. THE SID HAS A LINE DRAWN UNDER THE ALT WHICH AT FIRST GLANCE APPEARS TO MEAN THE ALT IS A MINIMUM NOT A MAX. OUR COMPANY IS USING E COAST CREWS TO FLY W COAST RTES SO CTLRS SHOULD NOT ASSUME CREWS ARE FAMILIAR WITH RESTRICTIONS.

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.