Medium large transport crossed sjc VOR higher than SID altitude assigned.

Attributes
ACN	171919
Time
Date	199103
Day	Tue
Local Time Of Day	0601 To 1200
Place
Locale Reference	airport : sjc
State Reference	CA
Altitude	msl bound lower : 12000 msl bound upper : 14000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : oak tower : bos
Operator	common carrier : air carrier
Make Model Name	Medium Large Transport, Low Wing, 2 Turbojet Eng
Navigation In Use	Other
Flight Phase	climbout : intermediate altitude cruise other
Route In Use	departure sid : sid
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 60 flight time total : 12000 flight time type : 35
ASRS Report	171919
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : flight engineer pilot : cfi pilot : atp
Experience	flight time last 90 days : 210 flight time total : 3500 flight time type : 1000
ASRS Report	172262
Events
Anomaly	altitude deviation : overshoot altitude deviation : crossing restriction not met non adherence : published procedure non adherence : clearance
Independent Detector	other controllera
Resolutory Action	controller : issued new clearance
Consequence	Other
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation
Situations
ATC Facility	procedure or policy : unspecified

Narrative:

Was on loupe 7 departure out of sjc. Departure control cleared us to FL230 and I thought they said to proceed direct to sjc VOR and cross at or above 12000' to maintain FL230. Passing 14000' departure called and asked why we were above 12000' passing the VOR. I stated I thought they cleared us to FL230 and to be at or above 12000' at the VOR. They claimed no violation was being filed. If ATC would give us an SID or STAR and let us fly it as published and not continually amend clrncs, it might help prevent incidents such as this one. On RNAV equipped aircraft, one has to spend time in the FMS to change the program that was set up in the preflight and this distracts the crew into the cockpit instead of having our heads and eyes outside looking for traffic at lower altitudes, especially below 18000' in high density airports. Supplemental information from acn 172262: there was no doubt in either of our minds that we were cleared to cross the VOR about 12000'.

Original NASA ASRS Text

Title: MLG CROSSED SJC VOR HIGHER THAN SID ALT ASSIGNED.

Narrative: WAS ON LOUPE 7 DEP OUT OF SJC. DEP CTL CLRED US TO FL230 AND I THOUGHT THEY SAID TO PROCEED DIRECT TO SJC VOR AND CROSS AT OR ABOVE 12000' TO MAINTAIN FL230. PASSING 14000' DEP CALLED AND ASKED WHY WE WERE ABOVE 12000' PASSING THE VOR. I STATED I THOUGHT THEY CLRED US TO FL230 AND TO BE AT OR ABOVE 12000' AT THE VOR. THEY CLAIMED NO VIOLATION WAS BEING FILED. IF ATC WOULD GIVE US AN SID OR STAR AND LET US FLY IT AS PUBLISHED AND NOT CONTINUALLY AMEND CLRNCS, IT MIGHT HELP PREVENT INCIDENTS SUCH AS THIS ONE. ON RNAV EQUIPPED ACFT, ONE HAS TO SPEND TIME IN THE FMS TO CHANGE THE PROGRAM THAT WAS SET UP IN THE PREFLT AND THIS DISTRACTS THE CREW INTO THE COCKPIT INSTEAD OF HAVING OUR HEADS AND EYES OUTSIDE LOOKING FOR TFC AT LOWER ALTS, ESPECIALLY BELOW 18000' IN HIGH DENSITY ARPTS. SUPPLEMENTAL INFO FROM ACN 172262: THERE WAS NO DOUBT IN EITHER OF OUR MINDS THAT WE WERE CLRED TO CROSS THE VOR ABOUT 12000'.

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.