Narrative:

It appears to be a misunderstanding on the clearance delivered to us for [the] OAK3; oak departure; because it was 'climb via the SID expect fl 190'; and we understood 'climb via the SID except 190'. Basically; clearance receiving is a function of the first officer; as he understood except instead of expect; he briefed me that we were clear to climb to [flight level] 190. On this departure you have to be at 4 DME above 1;400 ft. And at or below 2;000 ft. And we missed that because of the misunderstanding and crossed the 4 DME about 3;500 ft. To prevent this; we [will make sure] that both pilots have to receive the clearance together and agree [on] what was delivered to us by ATC.

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Original NASA ASRS Text

Title: Air taxi flight crew reported a communication breakdown between flight crew and ATC regarding departure clearance resulting in a crossing altitude restriction violation.

Narrative: It appears to be a misunderstanding on the clearance delivered to us for [the] OAK3; OAK departure; because it was 'climb via the SID expect FL 190'; and we understood 'climb via the SID except 190'. Basically; clearance receiving is a function of the First Officer; as he understood EXCEPT instead of EXPECT; he briefed me that we were clear to climb to [flight level] 190. On this departure you have to be at 4 DME above 1;400 ft. and at or below 2;000 ft. and we missed that because of the misunderstanding and crossed the 4 DME about 3;500 ft. To prevent this; we [will make sure] that both pilots have to receive the clearance together and agree [on] what was delivered to us by ATC.

Data retrieved from NASA's ASRS site 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.