Readback hearback problem for small aircraft on departure from sjc.

Attributes
ACN	176379
Time
Date	199104
Day	Fri
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : sjc airport : oak
State Reference	CA
Altitude	msl bound lower : 2000 msl bound upper : 5000
Environment
Flight Conditions	Mixed
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : oak
Operator	general aviation : personal
Make Model Name	Small Aircraft, Low Wing, 1 Eng, Fixed Gear
Flight Phase	climbout : intermediate altitude climbout : takeoff
Route In Use	enroute : on vectors
Flight Plan	IFR
Person 1
Affiliation	Other
Function	flight crew : single pilot
Qualification	pilot : private pilot : instrument
Experience	flight time last 90 days : 60 flight time total : 700 flight time type : 60
ASRS Report	176379
Person 2
Affiliation	government : faa
Function	controller : departure
Qualification	controller : radar
Events
Anomaly	altitude deviation : undershoot non adherence : clearance other spatial deviation
Independent Detector	other controllera
Resolutory Action	flight crew : returned to intended course or assigned course other
Consequence	Other
Supplementary
Primary Problem	Ambiguous
Air Traffic Incident	other

Narrative:

Took off with clearance to maintain runway heading, right turn 040 degree on call, maintain 5000'. After 1 min, approach said right turn 040 degree, maintain 2000'. I repeated this (knowing terrain was near 4000' at this heading). I could see mountains, but knew minimum climb was ok. 3 min later, approach was irate. Said I was told climb 2000', then 040 degree. I believe approach should have corrected my 'incorrect readback.' it could have been critical in solid IMC.

Original NASA ASRS Text

Title: READBACK HEARBACK PROBLEM FOR SMA ON DEP FROM SJC.

Narrative: TOOK OFF WITH CLRNC TO MAINTAIN RWY HDG, R TURN 040 DEG ON CALL, MAINTAIN 5000'. AFTER 1 MIN, APCH SAID R TURN 040 DEG, MAINTAIN 2000'. I REPEATED THIS (KNOWING TERRAIN WAS NEAR 4000' AT THIS HDG). I COULD SEE MOUNTAINS, BUT KNEW MINIMUM CLB WAS OK. 3 MIN LATER, APCH WAS IRATE. SAID I WAS TOLD CLB 2000', THEN 040 DEG. I BELIEVE APCH SHOULD HAVE CORRECTED MY 'INCORRECT READBACK.' IT COULD HAVE BEEN CRITICAL IN SOLID IMC.

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.