Alleged altitude deviation. Approach controller intended to clear the medium large transport to 7000...

Attributes
ACN	155997
Time
Date	199009
Day	Mon
Local Time Of Day	1801 To 2400
Place
Locale Reference	atc facility : sbj
State Reference	NJ
Altitude	msl bound lower : 3000 msl bound upper : 7000
Environment
Flight Conditions	VMC
Light	Night
Aircraft 1
Controlling Facilities	tracon : n90
Operator	common carrier : air carrier
Make Model Name	Medium Large Transport, Low Wing, 2 Turbojet Eng
Flight Phase	cruise other descent other
Route In Use	arrival star : star enroute : on vectors
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 150 flight time total : 10500
ASRS Report	155997
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : atp
Experience	flight time last 90 days : 120 flight time total : 7000
ASRS Report	15600
Events
Anomaly	altitude deviation : overshoot conflict : airborne less severe
Independent Detector	other controllera
Resolutory Action	controller : issued new clearance other
Consequence	faa : reviewed incident with flight crew
Supplementary
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Deviation Intra Facility Coordination Failure

Narrative:

On flight from cle to lga we were talking to N90 approach working lga on frequency 127.3 on the milton STAR. Passing solberg on the 115 degree toward canarsie 76 degrees at 11000', 250 KTS, we were given a reduction to 210 KTS and descent clearance to 3000'. We both clearly heard and understood the clearance. The first officer read back the clearance and was never corrected. After slowing we started our descent and noticed an aircraft moving from left to right about our altitude. We then changed frequencys and checked in (giving speeds and altitude). The controller then asked us our altitude. We stated 6400' descending. The controller then said, 'you were only cleared to 7000', maintain the altitude you are at.' at that point, after level off, the first officer stated to the controller we were in fact cleared to 3000', and then I (captain) notified the controller we were going to pull our cur tapes and to have them pull theirs. We then got a local # to call ny TRACON. Supervisor heard my account of the problem, then stated finally that their tapes indicated the controller was in error and we were cleared to 3000'. He then stated, 'we all had to work together,' no other traffic conflict was involved and that it was the last we would hear of the problem. My only question is that if the pilot was wrong, would it be the last we would hear of the problem? That's what's wrong with ATC system.

Original NASA ASRS Text

Title: ALLEGED ALT DEVIATION. APCH CTLR INTENDED TO CLEAR THE MLG TO 7000', BUT ISSUED CLRNC TO 3000' AS VERIFIED BY TAPE REVIEW.

Narrative: ON FLT FROM CLE TO LGA WE WERE TALKING TO N90 APCH WORKING LGA ON FREQ 127.3 ON THE MILTON STAR. PASSING SOLBERG ON THE 115 DEG TOWARD CANARSIE 76 DEGS AT 11000', 250 KTS, WE WERE GIVEN A REDUCTION TO 210 KTS AND DSNT CLRNC TO 3000'. WE BOTH CLEARLY HEARD AND UNDERSTOOD THE CLRNC. THE F/O READ BACK THE CLRNC AND WAS NEVER CORRECTED. AFTER SLOWING WE STARTED OUR DSNT AND NOTICED AN ACFT MOVING FROM LEFT TO RIGHT ABOUT OUR ALT. WE THEN CHANGED FREQS AND CHKED IN (GIVING SPDS AND ALT). THE CTLR THEN ASKED US OUR ALT. WE STATED 6400' DSNDING. THE CTLR THEN SAID, 'YOU WERE ONLY CLRED TO 7000', MAINTAIN THE ALT YOU ARE AT.' AT THAT POINT, AFTER LEVEL OFF, THE F/O STATED TO THE CTLR WE WERE IN FACT CLRED TO 3000', AND THEN I (CAPT) NOTIFIED THE CTLR WE WERE GOING TO PULL OUR CUR TAPES AND TO HAVE THEM PULL THEIRS. WE THEN GOT A LCL # TO CALL NY TRACON. SUPVR HEARD MY ACCOUNT OF THE PROB, THEN STATED FINALLY THAT THEIR TAPES INDICATED THE CTLR WAS IN ERROR AND WE WERE CLRED TO 3000'. HE THEN STATED, 'WE ALL HAD TO WORK TOGETHER,' NO OTHER TFC CONFLICT WAS INVOLVED AND THAT IT WAS THE LAST WE WOULD HEAR OF THE PROB. MY ONLY QUESTION IS THAT IF THE PLT WAS WRONG, WOULD IT BE THE LAST WE WOULD HEAR OF THE PROB? THAT'S WHAT'S WRONG WITH ATC SYS.

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.

Alleged altitude deviation. Approach controller intended to clear the medium large transport to 7000', but issued clearance to 3000' as verified by tape review.