Narrative:

In sum: takeoff from runway 12R sjc runway heading climbing to 12000 ft. The captain was flying. ATC-sjc departure control, cleared us to turn right direct to sjc VOR to cross it at or above 12000 ft, climb and maintain FL230 for the remainder of the danville departure red bluff transition. I read back this clearance as stated. The captain and I understood this to mean delete the restr to cross sjc VOR at 12000 ft. Just prior to crossing the sjc VOR, climbing through 14 KTS, ATC, next frequency ZOA, asked us what altitude we were climbing to. I told him we were cleared to FL230. ATC asked if we were given the restr to cross sjc VOR at 12000 ft. I told him we understood sjc at or above 12000 ft. The ATC responded to continue climb to FL230. The captain asked ATC if there was a conflict or a problem ATC replied negative, there was no conflict or problem. Supplemental information from acn 304124: approximately 7500 ft on climb out, departure control gave clearance to make a right turn to sjc VOR, at 12000 ft, then climb to 23000 ft. First officer read back left turn, at or above 12000 ft. ATC and captain were both correct turn direction, both missed at or above readback. First officer again questioned direction of turn. Captain replies right turn. Approaching the sjc VOR (about 7 DME) captain questions the 12000 ft or above crossing restr. First officer replies 'yes, 12000 ft or above at sjc to climb to 23000 ft. Captain was hand flying -- should have had autoplt engaged to more closely monitor clearance. Captain should also have had ATC verify the climb clearance, not just asking the first officer.

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Original NASA ASRS Text

Title: ALTDEV ALT XING RESTR NOT MET. ALT EXCURSION.

Narrative: IN SUM: TKOF FROM RWY 12R SJC RWY HDG CLBING TO 12000 FT. THE CAPT WAS FLYING. ATC-SJC DEP CTL, CLRED US TO TURN R DIRECT TO SJC VOR TO CROSS IT AT OR ABOVE 12000 FT, CLB AND MAINTAIN FL230 FOR THE REMAINDER OF THE DANVILLE DEP RED BLUFF TRANSITION. I READ BACK THIS CLRNC AS STATED. THE CAPT AND I UNDERSTOOD THIS TO MEAN DELETE THE RESTR TO CROSS SJC VOR AT 12000 FT. JUST PRIOR TO XING THE SJC VOR, CLBING THROUGH 14 KTS, ATC, NEXT FREQ ZOA, ASKED US WHAT ALT WE WERE CLBING TO. I TOLD HIM WE WERE CLRED TO FL230. ATC ASKED IF WE WERE GIVEN THE RESTR TO CROSS SJC VOR AT 12000 FT. I TOLD HIM WE UNDERSTOOD SJC AT OR ABOVE 12000 FT. THE ATC RESPONDED TO CONTINUE CLB TO FL230. THE CAPT ASKED ATC IF THERE WAS A CONFLICT OR A PROB ATC REPLIED NEGATIVE, THERE WAS NO CONFLICT OR PROB. SUPPLEMENTAL INFO FROM ACN 304124: APPROX 7500 FT ON CLBOUT, DEP CTL GAVE CLRNC TO MAKE A R TURN TO SJC VOR, AT 12000 FT, THEN CLB TO 23000 FT. FO READ BACK L TURN, AT OR ABOVE 12000 FT. ATC AND CAPT WERE BOTH CORRECT TURN DIRECTION, BOTH MISSED AT OR ABOVE READBACK. FO AGAIN QUESTIONED DIRECTION OF TURN. CAPT REPLIES R TURN. APCHING THE SJC VOR (ABOUT 7 DME) CAPT QUESTIONS THE 12000 FT OR ABOVE XING RESTR. FO REPLIES 'YES, 12000 FT OR ABOVE AT SJC TO CLB TO 23000 FT. CAPT WAS HAND FLYING -- SHOULD HAVE HAD AUTOPLT ENGAGED TO MORE CLOSELY MONITOR CLRNC. CAPT SHOULD ALSO HAVE HAD ATC VERIFY THE CLB CLRNC, NOT JUST ASKING THE FO.

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.