Narrative:

It's amazing how one can think 'oh, that won't happen to me,' and then it invariably does. I am a relatively low time, more inexperienced pilot, flying with a high time, very experienced captain. I make a very conscientious effort not to let his experience and knowledge intimidate me. If I see a problem or a potentially undesirable situation, I say something even at the risk of being wrong. However, in this situation I said nothing, succumbing to a busy environment and deferring to the experience, knowledge and confidence of the captain. On a VFR departure out of sjc we were cleared to turn right to 040 degrees, climb and maintain 4000 ft. The tower then amended, and said remain on runway heading until advised. I made the takeoff while the captain was running the radios and performing first officer duties, checklists, altitude selects, etc. The tower cleared us to turn right to 040 degrees and contact departure. As we made our right turn we contacted departure and they asked us if we had been cleared to 040 degrees. We confirmed that we had. They called out traffic, a single-engine piper climbing through 2500 ft. We were at about 2200 ft so I attempted to expedite my climb. I felt busy trying to get the climb rate up and looking for the traffic that I did not yet have in sight. I recall hearing ATC giving us a frequency change and clearing us on course. The captain was busy flipping radios, zipping on up the altitude select and reaffirming 'ok we are cleared on course, I set in 3500 ft.' and this is where it happened. I thought, 'gee I didn't think we were cleared to climb but I must have missed something. He seemed so confident.' and so I climbed. As we checked in with the next controller, he asked us to verify our altitude and then asked if we had been cleared above our previous altitude restr. We told him we thought we had but it appeared we misunderstood. The captain had heard 'climb on course' instead of cleared on course. There was a B737 3-4 mi about 1000 ft from our altitude that the controller gave us as traffic. What I learned from this is that it is not just a matter of intimidation that causes a more inexperienced pilot to not speak up. Over the last few yrs I have learned a lot from this captain. I have a tremendous amount of respect for his knowledge and abilities. He is highly regarded by many pilots and passenger as well as those at our FSDO. However, I need to realize that anyone, even excellent pilots can make mistakes. I shouldn't have so much confidence in a pilot that I question my own interps or misgivings. One last thing I learned, even if I am not working the radios, I need to pay close attention to what is said by ATC as opposed to relying entirely on the other pilot. Otherwise, it defeats the checks and balances provided by a 2 pilot crew.

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Original NASA ASRS Text

Title: FLC MISUNDERSTANDS CLRNC AND CLBS TOWARD THEIR VFR CRUISE ALT BEFORE BEING RELIEVED FROM THEIR 4000 FT RESTR.

Narrative: IT'S AMAZING HOW ONE CAN THINK 'OH, THAT WON'T HAPPEN TO ME,' AND THEN IT INVARIABLY DOES. I AM A RELATIVELY LOW TIME, MORE INEXPERIENCED PLT, FLYING WITH A HIGH TIME, VERY EXPERIENCED CAPT. I MAKE A VERY CONSCIENTIOUS EFFORT NOT TO LET HIS EXPERIENCE AND KNOWLEDGE INTIMIDATE ME. IF I SEE A PROB OR A POTENTIALLY UNDESIRABLE SIT, I SAY SOMETHING EVEN AT THE RISK OF BEING WRONG. HOWEVER, IN THIS SIT I SAID NOTHING, SUCCUMBING TO A BUSY ENVIRONMENT AND DEFERRING TO THE EXPERIENCE, KNOWLEDGE AND CONFIDENCE OF THE CAPT. ON A VFR DEP OUT OF SJC WE WERE CLRED TO TURN R TO 040 DEGS, CLB AND MAINTAIN 4000 FT. THE TWR THEN AMENDED, AND SAID REMAIN ON RWY HEADING UNTIL ADVISED. I MADE THE TKOF WHILE THE CAPT WAS RUNNING THE RADIOS AND PERFORMING FO DUTIES, CHKLISTS, ALT SELECTS, ETC. THE TWR CLRED US TO TURN R TO 040 DEGS AND CONTACT DEP. AS WE MADE OUR R TURN WE CONTACTED DEP AND THEY ASKED US IF WE HAD BEEN CLRED TO 040 DEGS. WE CONFIRMED THAT WE HAD. THEY CALLED OUT TFC, A SINGLE-ENG PIPER CLBING THROUGH 2500 FT. WE WERE AT ABOUT 2200 FT SO I ATTEMPTED TO EXPEDITE MY CLB. I FELT BUSY TRYING TO GET THE CLB RATE UP AND LOOKING FOR THE TFC THAT I DID NOT YET HAVE IN SIGHT. I RECALL HEARING ATC GIVING US A FREQ CHANGE AND CLRING US ON COURSE. THE CAPT WAS BUSY FLIPPING RADIOS, ZIPPING ON UP THE ALT SELECT AND REAFFIRMING 'OK WE ARE CLRED ON COURSE, I SET IN 3500 FT.' AND THIS IS WHERE IT HAPPENED. I THOUGHT, 'GEE I DIDN'T THINK WE WERE CLRED TO CLB BUT I MUST HAVE MISSED SOMETHING. HE SEEMED SO CONFIDENT.' AND SO I CLBED. AS WE CHKED IN WITH THE NEXT CTLR, HE ASKED US TO VERIFY OUR ALT AND THEN ASKED IF WE HAD BEEN CLRED ABOVE OUR PREVIOUS ALT RESTR. WE TOLD HIM WE THOUGHT WE HAD BUT IT APPEARED WE MISUNDERSTOOD. THE CAPT HAD HEARD 'CLB ON COURSE' INSTEAD OF CLRED ON COURSE. THERE WAS A B737 3-4 MI ABOUT 1000 FT FROM OUR ALT THAT THE CTLR GAVE US AS TFC. WHAT I LEARNED FROM THIS IS THAT IT IS NOT JUST A MATTER OF INTIMIDATION THAT CAUSES A MORE INEXPERIENCED PLT TO NOT SPEAK UP. OVER THE LAST FEW YRS I HAVE LEARNED A LOT FROM THIS CAPT. I HAVE A TREMENDOUS AMOUNT OF RESPECT FOR HIS KNOWLEDGE AND ABILITIES. HE IS HIGHLY REGARDED BY MANY PLTS AND PAX AS WELL AS THOSE AT OUR FSDO. HOWEVER, I NEED TO REALIZE THAT ANYONE, EVEN EXCELLENT PLTS CAN MAKE MISTAKES. I SHOULDN'T HAVE SO MUCH CONFIDENCE IN A PLT THAT I QUESTION MY OWN INTERPS OR MISGIVINGS. ONE LAST THING I LEARNED, EVEN IF I AM NOT WORKING THE RADIOS, I NEED TO PAY CLOSE ATTN TO WHAT IS SAID BY ATC AS OPPOSED TO RELYING ENTIRELY ON THE OTHER PLT. OTHERWISE, IT DEFEATS THE CHKS AND BALANCES PROVIDED BY A 2 PLT CREW.

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.