Narrative:

I was unable to comply with departure control instructions. Our clearance, 'cleared to the dfw airport, after takeoff, fly heading 325 degree, at 2000' turn right to 120 degree radar vectors to linden. Maintain 5000' expect 230 10 min after departure.' on takeoff, we followed the clearance. As we established a 120 degree heading, we were leveling at 5000'. The power was retarded to maintain 250 KTS. At this time the controller told us 'cleared to the san jose VORTAC, pilots discretion, cross the VOR at 12000'.' I was 4.3 mi from the VORTAC on the 050 right. I told departure control I could not make the VOR at 12000' (power up and climb 7000' at 140000 pounds, all within 4.3 NM at 250 KTS). The controller repeated the instructions. I asked for a holding pattern to complete the climb. The controller then told me 'to resume the loupe departure.' I then tried to read and accomplish the departure. I failed to make the 12000' restriction. I also could not make a 14000' restriction on the departure. Assessment of the situation. I feel the controller was most uncooperative. He never gave me a viable alternative despite repeated pleas from me that I could not comply. The controllers instructions were ambiguous. Was I cleared to the VOR at pilots discretion, or cleared to 12000' at pilots discretion. The controller told me to follow a SID over the VOR. No one ever mentioned this SID to us until he said to resume the SID. We had no chance to review the SID.

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Original NASA ASRS Text

Title: CLRNC MISUNDERSTANDING FOR ACR MLG ON DEP FROM SJC.

Narrative: I WAS UNABLE TO COMPLY WITH DEP CTL INSTRUCTIONS. OUR CLRNC, 'CLRED TO THE DFW ARPT, AFTER TKOF, FLY HDG 325 DEG, AT 2000' TURN R TO 120 DEG RADAR VECTORS TO LINDEN. MAINTAIN 5000' EXPECT 230 10 MIN AFTER DEP.' ON TKOF, WE FOLLOWED THE CLRNC. AS WE ESTABLISHED A 120 DEG HDG, WE WERE LEVELING AT 5000'. THE PWR WAS RETARDED TO MAINTAIN 250 KTS. AT THIS TIME THE CTLR TOLD US 'CLRED TO THE SAN JOSE VORTAC, PLTS DISCRETION, CROSS THE VOR AT 12000'.' I WAS 4.3 MI FROM THE VORTAC ON THE 050 R. I TOLD DEP CTL I COULD NOT MAKE THE VOR AT 12000' (PWR UP AND CLB 7000' AT 140000 LBS, ALL WITHIN 4.3 NM AT 250 KTS). THE CTLR REPEATED THE INSTRUCTIONS. I ASKED FOR A HOLDING PATTERN TO COMPLETE THE CLB. THE CTLR THEN TOLD ME 'TO RESUME THE LOUPE DEP.' I THEN TRIED TO READ AND ACCOMPLISH THE DEP. I FAILED TO MAKE THE 12000' RESTRICTION. I ALSO COULD NOT MAKE A 14000' RESTRICTION ON THE DEP. ASSESSMENT OF THE SITUATION. I FEEL THE CTLR WAS MOST UNCOOPERATIVE. HE NEVER GAVE ME A VIABLE ALTERNATIVE DESPITE REPEATED PLEAS FROM ME THAT I COULD NOT COMPLY. THE CTLRS INSTRUCTIONS WERE AMBIGUOUS. WAS I CLRED TO THE VOR AT PLTS DISCRETION, OR CLRED TO 12000' AT PLTS DISCRETION. THE CTLR TOLD ME TO FOLLOW A SID OVER THE VOR. NO ONE EVER MENTIONED THIS SID TO US UNTIL HE SAID TO RESUME THE SID. WE HAD NO CHANCE TO REVIEW THE SID.

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.