Narrative:

I was told on the tower frequency that I could contact fayetteville approach on the ground on 128.15 to pick up a clearance that had been previously filed. I contacted fayetteville approach after the runup and requested my clearance. The controller asked if I would be departing to the north, to which I replied affirmatively. He then said that the clearance was on request. He returned shortly and I copied my clearance which was: direct rzc the rzc 350 degree right until notified, then as filed, climb to and maintain 8000', departure frequency of 128.15, squawk 1520, and 'hold until release.' just before approach called I noticed that the attitude indicator was not erect. Approach called with my release at this time. I said that I was going to cancel, but when I brought the RPM up to taxi back to the terminal the attitude indicator erected. I realized that the RPM had been too low in idle to maintain the necessary vacuum so I asked to be rereleased and the controller complied with the clearance for takeoff. Since the clouds had some rime ice, I attempted to climb through them quickly to the tops which were at about 5000'. At about the rzc VOR, just before I was going to initially contact the controller in the air, he called and asked my altitude, I replied 4900' and he replied that I had 'busted my altitude' and to return to 4000' immediately which I did within 20-30 seconds. He said that there was a conflict with an airplane on approach to another airport and that the takeoff release had included a restriction for 4000' and that I needed to 'listen up.' after a few more mins at 4000', I was cleared to 8000' and handed off to another controller. The flight was completed west/O further unusual incident. The controller either did not issued the 4000' altitude restriction, or in the confusion with the attitude indicator, I missed the restriction. In neither case, did I acknowledge receipt of the instruction although I did acknowledge the receipt of the release. I did not observe another airplane although I was briefly in the clear before descending back to 4000'. If the controller had insisted on acknowledgement of the clearance instruction, this could have been avoided. There seemed to be lot of activity and conflict between this airport and other local airports, I noticed it on the morning of 1/91 as well as on the night before when I had come in had to hold.

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Original NASA ASRS Text

Title: SMZ PLT ON IFR FLT PLAN CLIMBS ABOVE ALT ATC SAYS HE WAS CLEARED.

Narrative: I WAS TOLD ON THE TWR FREQ THAT I COULD CONTACT FAYETTEVILLE APCH ON THE GND ON 128.15 TO PICK UP A CLRNC THAT HAD BEEN PREVIOUSLY FILED. I CONTACTED FAYETTEVILLE APCH AFTER THE RUNUP AND REQUESTED MY CLRNC. THE CTLR ASKED IF I WOULD BE DEPARTING TO THE N, TO WHICH I REPLIED AFFIRMATIVELY. HE THEN SAID THAT THE CLRNC WAS ON REQUEST. HE RETURNED SHORTLY AND I COPIED MY CLRNC WHICH WAS: DIRECT RZC THE RZC 350 DEG R UNTIL NOTIFIED, THEN AS FILED, CLB TO AND MAINTAIN 8000', DEP FREQ OF 128.15, SQUAWK 1520, AND 'HOLD UNTIL RELEASE.' JUST BEFORE APCH CALLED I NOTICED THAT THE ATTITUDE INDICATOR WAS NOT ERECT. APCH CALLED WITH MY RELEASE AT THIS TIME. I SAID THAT I WAS GOING TO CANCEL, BUT WHEN I BROUGHT THE RPM UP TO TAXI BACK TO THE TERMINAL THE ATTITUDE INDICATOR ERECTED. I REALIZED THAT THE RPM HAD BEEN TOO LOW IN IDLE TO MAINTAIN THE NECESSARY VACUUM SO I ASKED TO BE RERELEASED AND THE CTLR COMPLIED WITH THE CLRNC FOR TKOF. SINCE THE CLOUDS HAD SOME RIME ICE, I ATTEMPTED TO CLB THROUGH THEM QUICKLY TO THE TOPS WHICH WERE AT ABOUT 5000'. AT ABOUT THE RZC VOR, JUST BEFORE I WAS GOING TO INITIALLY CONTACT THE CTLR IN THE AIR, HE CALLED AND ASKED MY ALT, I REPLIED 4900' AND HE REPLIED THAT I HAD 'BUSTED MY ALT' AND TO RETURN TO 4000' IMMEDIATELY WHICH I DID WITHIN 20-30 SECS. HE SAID THAT THERE WAS A CONFLICT WITH AN AIRPLANE ON APCH TO ANOTHER ARPT AND THAT THE TKOF RELEASE HAD INCLUDED A RESTRICTION FOR 4000' AND THAT I NEEDED TO 'LISTEN UP.' AFTER A FEW MORE MINS AT 4000', I WAS CLRED TO 8000' AND HANDED OFF TO ANOTHER CTLR. THE FLT WAS COMPLETED W/O FURTHER UNUSUAL INCIDENT. THE CTLR EITHER DID NOT ISSUED THE 4000' ALT RESTRICTION, OR IN THE CONFUSION WITH THE ATTITUDE INDICATOR, I MISSED THE RESTRICTION. IN NEITHER CASE, DID I ACKNOWLEDGE RECEIPT OF THE INSTRUCTION ALTHOUGH I DID ACKNOWLEDGE THE RECEIPT OF THE RELEASE. I DID NOT OBSERVE ANOTHER AIRPLANE ALTHOUGH I WAS BRIEFLY IN THE CLR BEFORE DSNDING BACK TO 4000'. IF THE CTLR HAD INSISTED ON ACKNOWLEDGEMENT OF THE CLRNC INSTRUCTION, THIS COULD HAVE BEEN AVOIDED. THERE SEEMED TO BE LOT OF ACTIVITY AND CONFLICT BTWN THIS ARPT AND OTHER LCL ARPTS, I NOTICED IT ON THE MORNING OF 1/91 AS WELL AS ON THE NIGHT BEFORE WHEN I HAD COME IN HAD TO HOLD.

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.