Narrative:

Took off and headed northwest. Initial climb clearance to 12000, restr to 250 KTS. Deviated slightly around small thunderstorms in vicinity, got and read back next clearance to 'FL230, normal speed after 180.' leveled FL230, got new climb clearance to 'FL290, traffic 3 O'clock, 20 mi, FL270.' I read back (on frequency 125.17) 'climbing to FL290, now receiving tlh, request direct.' controller responded, 'cleared direct' (and I believe he also said climb to FL290). I then read back, 'climbing FL290, direct tlh.' I saw traffic at approximately same time as TCASII advisory 'traffic, traffic.' no threat of collision as below and moving across the windscreen. Elected to stay above traffic, holding approximately 27600 ft as traffic passed. Controller immediately queried altitude and, upon hearing me report 'through 27500 for FL290, traffic in sight,' asked where we got such a clearance. Conflict resolved, and then asked and leveled at FL280. Subsequent climb to FL310, back on routing. Autoplt altitude arming/climb procedures all performed in accordance with flight manual, and all system worked as advertised. I believe this incident to be caused by incorrect climb clearance from controller, and then he didn't catch subsequent readbacks. There is a possibility of confusion due to '6' vs '9,' our early heading of '290 degrees' while deviating around WX, and our call sign of XXXX9. Both cockpit crewmembers believe FL290 was the altitude cleared to.

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Original NASA ASRS Text

Title: MLG CLBS ABOVE ASSIGNED ALT CAUSING CONFLICT.

Narrative: TOOK OFF AND HEADED NW. INITIAL CLB CLRNC TO 12000, RESTR TO 250 KTS. DEVIATED SLIGHTLY AROUND SMALL TSTMS IN VICINITY, GOT AND READ BACK NEXT CLRNC TO 'FL230, NORMAL SPD AFTER 180.' LEVELED FL230, GOT NEW CLB CLRNC TO 'FL290, TFC 3 O'CLOCK, 20 MI, FL270.' I READ BACK (ON FREQ 125.17) 'CLBING TO FL290, NOW RECEIVING TLH, REQUEST DIRECT.' CTLR RESPONDED, 'CLRED DIRECT' (AND I BELIEVE HE ALSO SAID CLB TO FL290). I THEN READ BACK, 'CLBING FL290, DIRECT TLH.' I SAW TFC AT APPROX SAME TIME AS TCASII ADVISORY 'TFC, TFC.' NO THREAT OF COLLISION AS BELOW AND MOVING ACROSS THE WINDSCREEN. ELECTED TO STAY ABOVE TFC, HOLDING APPROX 27600 FT AS TFC PASSED. CTLR IMMEDIATELY QUERIED ALT AND, UPON HEARING ME RPT 'THROUGH 27500 FOR FL290, TFC IN SIGHT,' ASKED WHERE WE GOT SUCH A CLRNC. CONFLICT RESOLVED, AND THEN ASKED AND LEVELED AT FL280. SUBSEQUENT CLB TO FL310, BACK ON RTING. AUTOPLT ALT ARMING/CLB PROCS ALL PERFORMED IN ACCORDANCE WITH FLT MANUAL, AND ALL SYS WORKED AS ADVERTISED. I BELIEVE THIS INCIDENT TO BE CAUSED BY INCORRECT CLB CLRNC FROM CTLR, AND THEN HE DIDN'T CATCH SUBSEQUENT READBACKS. THERE IS A POSSIBILITY OF CONFUSION DUE TO '6' VS '9,' OUR EARLY HDG OF '290 DEGS' WHILE DEVIATING AROUND WX, AND OUR CALL SIGN OF XXXX9. BOTH COCKPIT CREWMEMBERS BELIEVE FL290 WAS THE ALT CLRED TO.

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.