Altitude deviation altitude overshot in climb. Clearance interpretation disputed.

Attributes
ACN	251516
Time
Date	199309
Day	Thu
Local Time Of Day	0601 To 1200
Place
Locale Reference	atc facility : spa
State Reference	SC
Altitude	msl bound lower : 23000 msl bound upper : 24500
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : ztl
Operator	common carrier : air carrier
Make Model Name	Medium Large Transport, Low Wing, 2 Turbojet Eng
Flight Phase	climbout : intermediate altitude
Flight Plan	IFR
Aircraft 2
Operator	common carrier : air carrier
Make Model Name	Medium Large Transport, Low Wing, 2 Turbojet Eng
Flight Phase	cruise other
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : instrument pilot : flight engineer pilot : commercial
Experience	flight time last 90 days : 230 flight time total : 4000 flight time type : 2300
ASRS Report	251516
Person 2
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 200 flight time total : 14000 flight time type : 500
ASRS Report	251515
Events
Anomaly	altitude deviation : overshoot conflict : airborne less severe non adherence : clearance other anomaly other
Independent Detector	aircraft equipment other aircraft equipment : unspecified other controllera
Resolutory Action	controller : issued new clearance flight crew : returned to intended course or assigned course flight crew : took evasive action
Consequence	Other
Miss Distance	horizontal : 10000 vertical : 500
Supplementary
Primary Problem	Ambiguous
Air Traffic Incident	Pilot Deviation

Narrative:

ATC controller on frequency 119.57 told us to 'turn to 320 degrees and climb to FL290.' prior to mgm controller's directive, the controller had a discussion with another pilot concerning the coarseness of the controller's demeanor on the radio. We then checked in to ATC frequency 132.97 and told the controller we were climbing to FL290. The controller 'rogered' our call and said he would have a turn on course shortly. About a min later we had a TA followed by an RA by TCASII. The copilot picked up aircraft, an medium large transport, immediately following TA. Captain initiated avoidance procedures upon RA and copilot informed ATC controller. Center controller began to call multiple aircraft traffic which was verified by TCASII. After the captain completed the avoidance procedure when clear of conflict, copilot informed ATC controller that we were 'resuming our climb to FL290.' the controller then said we were only cleared to 'FL230.' supplemental information from acn 251515: the problem happened because both controllers were busy and a lot of the communication between pilots and controllers was garbled because of the congestion on the frequencys. Problem was resolved because of TCASII. Without the TCASII warning conflict would have been closer. I also think the controller had or was working too many airplanes.

Original NASA ASRS Text

Title: ALTDEV ALT OVERSHOT IN CLB. CLRNC INTERP DISPUTED.

Narrative: ATC CTLR ON FREQ 119.57 TOLD US TO 'TURN TO 320 DEGS AND CLB TO FL290.' PRIOR TO MGM CTLR'S DIRECTIVE, THE CTLR HAD A DISCUSSION WITH ANOTHER PLT CONCERNING THE COARSENESS OF The CTLR'S DEMEANOR ON THE RADIO. WE THEN CHKED IN TO ATC FREQ 132.97 AND TOLD THE CTLR WE WERE CLBING TO FL290. THE CTLR 'ROGERED' OUR CALL AND SAID HE WOULD HAVE A TURN ON COURSE SHORTLY. ABOUT A MIN LATER WE HAD A TA FOLLOWED BY AN RA BY TCASII. THE COPLT PICKED UP ACFT, AN MLG, IMMEDIATELY FOLLOWING TA. CAPT INITIATED AVOIDANCE PROCS UPON RA AND COPLT INFORMED ATC CTLR. CTR CTLR BEGAN TO CALL MULTIPLE ACFT TFC WHICH WAS VERIFIED BY TCASII. AFTER THE CAPT COMPLETED THE AVOIDANCE PROC WHEN CLR OF CONFLICT, COPLT INFORMED ATC CTLR THAT WE WERE 'RESUMING OUR CLB TO FL290.' THE CTLR THEN SAID WE WERE ONLY CLRED TO 'FL230.' SUPPLEMENTAL INFORMATION FROM ACN 251515: THE PROB HAPPENED BECAUSE BOTH CTLRS WERE BUSY AND A LOT OF THE COM BTWN PLTS AND CTLRS WAS GARBLED BECAUSE OF THE CONGESTION ON THE FREQS. PROB WAS RESOLVED BECAUSE OF TCASII. WITHOUT THE TCASII WARNING CONFLICT WOULD HAVE BEEN CLOSER. I ALSO THINK THE CTLR HAD OR WAS WORKING TOO MANY AIRPLANES.

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.