Narrative:

We were climbing out of sjc on the loupe 9 departure, linden transition, on a clear day with a heavy aircraft. The first officer was flying. At approximately 6 DME southeast of sjc on 120 degree heading, we both understood the departure controller to say cleared to the sjc VOR at your discretion above 12000 ft cleared to FL230. We should have verified the hard 12000 ft altitude at sjc at that time, but were intent on traffic lookout and making the climb through 12000 ft that we did not. At 13500 ft approximately 4 DME south of sjc VOR northbound, the next departure controller asked if we knew we had a 12000 ft hard altitude at sjc VOR. We answered with what we understood the previous controller to have given us. He said no problem, but asked us to verify the hard altitude as published. The initial clearance was very unclr to us after the fact and should have been verified by us. It will be from now on.

Google
 

Original NASA ASRS Text

Title: FLC OF AN MLG MISUNDERSTOOD ATC INSTRUCTIONS AND FAILED TO STOP THEIR CLB TO COMPLY WITH SID XING ALT.

Narrative: WE WERE CLBING OUT OF SJC ON THE LOUPE 9 DEP, LINDEN TRANSITION, ON A CLR DAY WITH A HVY ACFT. THE FO WAS FLYING. AT APPROX 6 DME SE OF SJC ON 120 DEG HDG, WE BOTH UNDERSTOOD THE DEP CTLR TO SAY CLRED TO THE SJC VOR AT YOUR DISCRETION ABOVE 12000 FT CLRED TO FL230. WE SHOULD HAVE VERIFIED THE HARD 12000 FT ALT AT SJC AT THAT TIME, BUT WERE INTENT ON TFC LOOKOUT AND MAKING THE CLB THROUGH 12000 FT THAT WE DID NOT. AT 13500 FT APPROX 4 DME S OF SJC VOR NBOUND, THE NEXT DEP CTLR ASKED IF WE KNEW WE HAD A 12000 FT HARD ALT AT SJC VOR. WE ANSWERED WITH WHAT WE UNDERSTOOD THE PREVIOUS CTLR TO HAVE GIVEN US. HE SAID NO PROB, BUT ASKED US TO VERIFY THE HARD ALT AS PUBLISHED. THE INITIAL CLRNC WAS VERY UNCLR TO US AFTER THE FACT AND SHOULD HAVE BEEN VERIFIED BY US. IT WILL BE FROM NOW ON.

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.