Narrative:

Normal departure with a climb to 5000 ft according to our clearance. Once airborne tower switched us to departure. I checked in with departure at 1200 ft climbing to 5000 ft. Departure acknowledged and gave us a turn to 240 degree approximately. About 1 min later ATC called out traffic at 3 O'clock and one quarter mi at 5000 ft and turned us to 270 degree. We were leaving 3300 ft climbing to 5000 ft slowly. We also had the traffic on the TCASII screen. As we climbed through 4000 ft ATC called traffic again this time at 8 O'clock and 2 mi. At 4200 ft ATC asked our altitude and why we climbed through 4000 ft. I responded that the clearance and the SID gives 5000 ft as the initial altitude. ATC said the tower was to give us 4000 ft for traffic. I told him we never received any altitude restrs. By this time the traffic was at 8 O'clock and 3 to 4 mi, and we had climbed to 4500 ft. ATC never said to stop climb and the TCASII never gave us a warning. My question is why did ATC miss my initial altitude check in 1200 ft for 5000 ft? And why did departure control rely on the tower to give us an altitude restr?

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Original NASA ASRS Text

Title: ACR FLC WAS CLBING TO SID AND ASSIGNED CLRNC ALT WHEN ATC INTERVENED WITH CLRNC TO MAINTAIN LOWER FOR TFC. ATC AND FLC DISAGREED REGARDING ALT ASSIGNMENT.

Narrative: NORMAL DEP WITH A CLB TO 5000 FT ACCORDING TO OUR CLRNC. ONCE AIRBORNE TWR SWITCHED US TO DEP. I CHKED IN WITH DEP AT 1200 FT CLBING TO 5000 FT. DEP ACKNOWLEDGED AND GAVE US A TURN TO 240 DEG APPROX. ABOUT 1 MIN LATER ATC CALLED OUT TFC AT 3 O'CLOCK AND ONE QUARTER MI AT 5000 FT AND TURNED US TO 270 DEG. WE WERE LEAVING 3300 FT CLBING TO 5000 FT SLOWLY. WE ALSO HAD THE TFC ON THE TCASII SCREEN. AS WE CLBED THROUGH 4000 FT ATC CALLED TFC AGAIN THIS TIME AT 8 O'CLOCK AND 2 MI. AT 4200 FT ATC ASKED OUR ALT AND WHY WE CLBED THROUGH 4000 FT. I RESPONDED THAT THE CLRNC AND THE SID GIVES 5000 FT AS THE INITIAL ALT. ATC SAID THE TWR WAS TO GIVE US 4000 FT FOR TFC. I TOLD HIM WE NEVER RECEIVED ANY ALT RESTRS. BY THIS TIME THE TFC WAS AT 8 O'CLOCK AND 3 TO 4 MI, AND WE HAD CLBED TO 4500 FT. ATC NEVER SAID TO STOP CLB AND THE TCASII NEVER GAVE US A WARNING. MY QUESTION IS WHY DID ATC MISS MY INITIAL ALT CHK IN 1200 FT FOR 5000 FT? AND WHY DID DEP CTL RELY ON THE TWR TO GIVE US AN ALT RESTR?

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.