Altitude crossing restriction not complied with, non adherence to ATC instruction clearance.

Attributes
ACN	273483
Time
Date	199406
Day	Thu
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : sea
State Reference	WA
Altitude	msl bound lower : 12000 msl bound upper : 20000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : sea tracon : clt
Operator	common carrier : air taxi
Make Model Name	Gates Learjet Corp Undifferentiated or Other Model
Operating Under FAR Part	Part 135
Flight Phase	cruise other descent other
Route In Use	enroute : direct
Flight Plan	IFR
Person 1
Affiliation	Other
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 60 flight time total : 6000 flight time type : 1500
ASRS Report	273483
Person 2
Affiliation	Other
Function	flight crew : first officer
Qualification	pilot : instrument pilot : commercial
Experience	flight time last 90 days : 90 flight time total : 2100 flight time type : 1000
ASRS Report	273577
Events
Anomaly	altitude deviation : undershoot altitude deviation : crossing restriction not met non adherence : clearance other anomaly other
Independent Detector	other controllera other flight crewa
Resolutory Action	none taken : unable
Consequence	faa : reviewed incident with flight crew
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation
Situations
ATC Facility	procedure or policy : unspecified

Narrative:

We were on a very busy, short leg from bli to sea. We had just leveled off at cruise altitude (FL200) and were in the process of establishing cruise power when we were issued a crossing restriction from ZSE. The restriction was to cross 35 NM northwest of sea VOR at 12000 ft. We were given the crossing assignment approximately 46-47 NM northwest of sea VOR -- what I would consider 'borderline' as enough advance notice to make the restriction. My first officer was the PF and I asked him if he was ok with the controller's instructions and he replied, 'yes.' as we began our descent, he took over radio communication (and remained PF) while I diverted my attention to obtaining ATIS for sea. While I was copying ATIS, I noticed a lot of radio chatter and knew my first officer had his hands full. When I realized we were not going to make the restriction, radio congestion prevented me from 'jumping in' until the controller contacted us. And, when he did, instead of coming right out with it, he began a series of questions, such as '(our call sign) say your altitude.' after our response, he said, 'say your DME.' we responded with our current DME (inside the restriction by this time). He then asked us if we knew what altitude restrictions were and what purpose they served. At that point, being busy enough with what I had going on, I replied that we were doing the best that we could. This wasn't good enough for the controller. I again responded that we were simply trying to comply, doing the best we could, but we were given the restriction rather late. He then said 'then you need to let me know if you're not going to make it.' at this time, I felt we had blocked the airwave long enough, so I didn't go into further detail. Supplemental information from acn 273483: I pulled the power back to flight idle and descended the learjet at 4000 FPM to make the restriction. There was a lot of radio chatter to where the controller was having to say 'break' between xmissions. I was attempting to call him (36 NM) and tell him that I needed some relief on the crossing restriction that he issued me, but was not able to talk to him until 31 NM.

Original NASA ASRS Text

Title: ALT XING RESTRICTION NOT COMPLIED WITH, NON ADHERENCE TO ATC INSTRUCTION CLRNC.

Narrative: WE WERE ON A VERY BUSY, SHORT LEG FROM BLI TO SEA. WE HAD JUST LEVELED OFF AT CRUISE ALT (FL200) AND WERE IN THE PROCESS OF ESTABLISHING CRUISE PWR WHEN WE WERE ISSUED A XING RESTRICTION FROM ZSE. THE RESTRICTION WAS TO CROSS 35 NM NW OF SEA VOR AT 12000 FT. WE WERE GIVEN THE XING ASSIGNMENT APPROX 46-47 NM NW OF SEA VOR -- WHAT I WOULD CONSIDER 'BORDERLINE' AS ENOUGH ADVANCE NOTICE TO MAKE THE RESTRICTION. MY FO WAS THE PF AND I ASKED HIM IF HE WAS OK WITH THE CTLR'S INSTRUCTIONS AND HE REPLIED, 'YES.' AS WE BEGAN OUR DSCNT, HE TOOK OVER RADIO COM (AND REMAINED PF) WHILE I DIVERTED MY ATTN TO OBTAINING ATIS FOR SEA. WHILE I WAS COPYING ATIS, I NOTICED A LOT OF RADIO CHATTER AND KNEW MY FO HAD HIS HANDS FULL. WHEN I REALIZED WE WERE NOT GOING TO MAKE THE RESTRICTION, RADIO CONGESTION PREVENTED ME FROM 'JUMPING IN' UNTIL THE CTLR CONTACTED US. AND, WHEN HE DID, INSTEAD OF COMING RIGHT OUT WITH IT, HE BEGAN A SERIES OF QUESTIONS, SUCH AS '(OUR CALL SIGN) SAY YOUR ALT.' AFTER OUR RESPONSE, HE SAID, 'SAY YOUR DME.' WE RESPONDED WITH OUR CURRENT DME (INSIDE THE RESTRICTION BY THIS TIME). HE THEN ASKED US IF WE KNEW WHAT ALT RESTRICTIONS WERE AND WHAT PURPOSE THEY SERVED. AT THAT POINT, BEING BUSY ENOUGH WITH WHAT I HAD GOING ON, I REPLIED THAT WE WERE DOING THE BEST THAT WE COULD. THIS WASN'T GOOD ENOUGH FOR THE CTLR. I AGAIN RESPONDED THAT WE WERE SIMPLY TRYING TO COMPLY, DOING THE BEST WE COULD, BUT WE WERE GIVEN THE RESTRICTION RATHER LATE. HE THEN SAID 'THEN YOU NEED TO LET ME KNOW IF YOU'RE NOT GOING TO MAKE IT.' AT THIS TIME, I FELT WE HAD BLOCKED THE AIRWAVE LONG ENOUGH, SO I DIDN'T GO INTO FURTHER DETAIL. SUPPLEMENTAL INFO FROM ACN 273483: I PULLED THE PWR BACK TO FLT IDLE AND DSNDED THE LEARJET AT 4000 FPM TO MAKE THE RESTRICTION. THERE WAS A LOT OF RADIO CHATTER TO WHERE THE CTLR WAS HAVING TO SAY 'BREAK' BTWN XMISSIONS. I WAS ATTEMPTING TO CALL HIM (36 NM) AND TELL HIM THAT I NEEDED SOME RELIEF ON THE XING RESTRICTION THAT HE ISSUED ME, BUT WAS NOT ABLE TO TALK TO HIM UNTIL 31 NM.

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.