Pilot deviation occurred when the MTR climbed through the maintain altitude assigned by the departur...

Attributes
ACN	332400
Time
Date	199604
Day	Tue
Local Time Of Day	0601 To 1200
Place
Locale Reference	atc facility : npa
State Reference	FL
Altitude	msl bound lower : 3000 msl bound upper : 3000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : p31
Operator	other
Make Model Name	Military Trainer
Operating Under FAR Part	other : other
Flight Phase	climbout : intermediate altitude
Route In Use	departure other departure sid : sid
Flight Plan	IFR
Aircraft 2
Make Model Name	Any Unknown or Unlisted Aircraft Manufacturer
Operating Under FAR Part	other : unknown
Person 1
Affiliation	government : faa
Function	controller : departure
Qualification	controller : radar
Experience	controller radar : 3
ASRS Report	332400
Person 2
Affiliation	government : military
Function	flight crew : captain oversight : pic
Qualification	pilot : military
Events
Anomaly	conflict : airborne less severe other anomaly other
Independent Detector	other controllera
Resolutory Action	other
Consequence	Other
Miss Distance	horizontal : 1200
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

I was working the departure sector for pensacola, which was departing runway 01. The military jet was filed off on a tradr 4 SID. The SID had an initial restr regarding the aircraft's climb rate to 3000 ft. It then has a restr that has the aircraft make a climbing left turn to 4000 ft and hold 4000 ft until a radial south of npa. At the time the situation occurred, I had an overflt whose course would take him 4 mi north of pensacola wbound. Recognizing a potential conflict, I told the military jet on departure to 'maintain 3000 ft, comply with restrs.' I intended for the aircraft to maintain the specified climb rate to 3000 ft, and then fly the departure course of the SID at 3000 ft until further advised. The pilot understood the instruction to mean he should climb to 3000 ft, and then comply with the restr to climb to 4000 ft in his turn. The aircraft passed with 1200 ft vertical separation and then I vectored the military jet to maintain lateral divergence. In hindsight I realize that the phraseology I used could be misleading. However, I was trained to use this phraseology and it used to be in FAA handbook 7110.65. It is no longer there, and I was not briefed that it had been removed. Also, there is no clear phraseology or guidance on how to legally restrict the altitude of a SID departure. This leads to confusion when controllers are using different words to mean the same thing.

Original NASA ASRS Text

Title: PLTDEV OCCURRED WHEN THE MTR CLBED THROUGH THE MAINTAIN ALT ASSIGNED BY THE DEP CTLR FOR TFC SEPARATION FROM AN OVERFLT ACFT.

Narrative: I WAS WORKING THE DEP SECTOR FOR PENSACOLA, WHICH WAS DEPARTING RWY 01. THE MIL JET WAS FILED OFF ON A TRADR 4 SID. THE SID HAD AN INITIAL RESTR REGARDING THE ACFT'S CLB RATE TO 3000 FT. IT THEN HAS A RESTR THAT HAS THE ACFT MAKE A CLBING L TURN TO 4000 FT AND HOLD 4000 FT UNTIL A RADIAL S OF NPA. AT THE TIME THE SIT OCCURRED, I HAD AN OVERFLT WHOSE COURSE WOULD TAKE HIM 4 MI N OF PENSACOLA WBOUND. RECOGNIZING A POTENTIAL CONFLICT, I TOLD THE MIL JET ON DEP TO 'MAINTAIN 3000 FT, COMPLY WITH RESTRS.' I INTENDED FOR THE ACFT TO MAINTAIN THE SPECIFIED CLB RATE TO 3000 FT, AND THEN FLY THE DEP COURSE OF THE SID AT 3000 FT UNTIL FURTHER ADVISED. THE PLT UNDERSTOOD THE INSTRUCTION TO MEAN HE SHOULD CLB TO 3000 FT, AND THEN COMPLY WITH THE RESTR TO CLB TO 4000 FT IN HIS TURN. THE ACFT PASSED WITH 1200 FT VERT SEPARATION AND THEN I VECTORED THE MIL JET TO MAINTAIN LATERAL DIVERGENCE. IN HINDSIGHT I REALIZE THAT THE PHRASEOLOGY I USED COULD BE MISLEADING. HOWEVER, I WAS TRAINED TO USE THIS PHRASEOLOGY AND IT USED TO BE IN FAA HANDBOOK 7110.65. IT IS NO LONGER THERE, AND I WAS NOT BRIEFED THAT IT HAD BEEN REMOVED. ALSO, THERE IS NO CLR PHRASEOLOGY OR GUIDANCE ON HOW TO LEGALLY RESTRICT THE ALT OF A SID DEP. THIS LEADS TO CONFUSION WHEN CTLRS ARE USING DIFFERENT WORDS TO MEAN THE SAME THING.

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.

Pilot deviation occurred when the MTR climbed through the maintain altitude assigned by the departure controller for traffic separation from an overflt aircraft.