Medium large transport on SID missed crossing restr due to clearance confusion.

Attributes
ACN	300431
Time
Date	199503
Day	Sat
Local Time Of Day	0601 To 1200
Place
Locale Reference	airport : sjc
State Reference	CA
Altitude	msl bound lower : 12000 msl bound upper : 12500
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zoa tracon : oak
Operator	common carrier : air carrier
Make Model Name	Commercial Fixed Wing
Operating Under FAR Part	Part 121
Navigation In Use	Other Other
Flight Phase	climbout : intermediate altitude
Route In Use	departure sid : sid
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : flight engineer pilot : atp pilot : private
Experience	flight time last 90 days : 180 flight time total : 15000 flight time type : 8500
ASRS Report	300431
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : atp pilot : instrument pilot : commercial
Events
Anomaly	altitude deviation : crossing restriction not met non adherence : clearance other anomaly other
Independent Detector	other controllera
Resolutory Action	none taken : anomaly accepted other
Consequence	faa : reviewed incident with flight crew
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

Flight plan sjc-rno, cleared loupe 9 sac transition as filed, maintain 5000 ft and 250 KTS until advised. Level at 5000 ft on loupe 9 departing runway 30L sjc. ATC said 'at pilots discretion cross sjc VOR at or above 12000 ft and that's what I read back. We were switched to ZOA and I checked in 'passing 12500 ft for FL230.' center advised maintain 13000 ft as we were not cleared out of 12000 ft until the VOR. I advised controller of previous clearance and he obtained a higher altitude (FL230) we climbed to FL230 and proceeded to rno without further incident.

Original NASA ASRS Text

Title: MLG ON SID MISSED XING RESTR DUE TO CLRNC CONFUSION.

Narrative: FLT PLAN SJC-RNO, CLRED LOUPE 9 SAC TRANSITION AS FILED, MAINTAIN 5000 FT AND 250 KTS UNTIL ADVISED. LEVEL AT 5000 FT ON LOUPE 9 DEPARTING RWY 30L SJC. ATC SAID 'AT PLTS DISCRETION CROSS SJC VOR AT OR ABOVE 12000 FT AND THAT'S WHAT I READ BACK. WE WERE SWITCHED TO ZOA AND I CHKED IN 'PASSING 12500 FT FOR FL230.' CTR ADVISED MAINTAIN 13000 FT AS WE WERE NOT CLRED OUT OF 12000 FT UNTIL THE VOR. I ADVISED CTLR OF PREVIOUS CLRNC AND HE OBTAINED A HIGHER ALT (FL230) WE CLBED TO FL230 AND PROCEEDED TO RNO WITHOUT FURTHER INCIDENT.

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.