Narrative:

ATC facility: ZOA. Location: sjc VOR. We received a frequency change clearing us to sjc VOR and climb to FL230. We were south of sjc VOR climbing when ZOA asked our altitude. We reported passing 12700 ft. We were informed that altitude restr of 12000 ft at sjc VOR still applied. We immediately descended to 12000 ft. In the future I will know that the 12000 ft restr is firm regardless of any other clearance that we may have or thought we heard. Supplemental information from acn 357566: it was the captain, IOE, first leg, first departure in the airplane. He was flying the loupe departure from sjc making the 4000 ft crossing then we received a frequency change clearing us to sjc VOR, climb to FL230, contact ZOA. After check in with ZOA we were 8 mi south of sjc going direct and climbing through 12700 ft when oakland asked our altitude. I reported 13000 ft climbing to FL230. Oakland then informed us of the mandatory restr for sjc at 12000 ft. During the taxi and takeoff the new captain was having trouble receiving on his earpiece and was distracted by that. He was missing communications and I was trying to fill in and watch him. In the frequency change ensued I understood the clearance deleted the 12000 ft restr and we were cleared to FL230. A clear day in sjc and a miscom with IOE distrs. I took the aircraft and immediately descended to 12000 ft before reaching sjc VOR. We did what we could to rectify the miscom.

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Original NASA ASRS Text

Title: A SUPER 80 EXCEEDS ALT RESTR DURING LOUPE DEP AT SJC. FLC MISUNDERSTANDS CLRNC RESTR OF 12000 FT WHEN CLRED TO FL230.

Narrative: ATC FACILITY: ZOA. LOCATION: SJC VOR. WE RECEIVED A FREQ CHANGE CLRING US TO SJC VOR AND CLB TO FL230. WE WERE S OF SJC VOR CLBING WHEN ZOA ASKED OUR ALT. WE RPTED PASSING 12700 FT. WE WERE INFORMED THAT ALT RESTR OF 12000 FT AT SJC VOR STILL APPLIED. WE IMMEDIATELY DSNDED TO 12000 FT. IN THE FUTURE I WILL KNOW THAT THE 12000 FT RESTR IS FIRM REGARDLESS OF ANY OTHER CLRNC THAT WE MAY HAVE OR THOUGHT WE HEARD. SUPPLEMENTAL INFO FROM ACN 357566: IT WAS THE CAPT, IOE, FIRST LEG, FIRST DEP IN THE AIRPLANE. HE WAS FLYING THE LOUPE DEP FROM SJC MAKING THE 4000 FT XING THEN WE RECEIVED A FREQ CHANGE CLRING US TO SJC VOR, CLB TO FL230, CONTACT ZOA. AFTER CHK IN WITH ZOA WE WERE 8 MI S OF SJC GOING DIRECT AND CLBING THROUGH 12700 FT WHEN OAKLAND ASKED OUR ALT. I RPTED 13000 FT CLBING TO FL230. OAKLAND THEN INFORMED US OF THE MANDATORY RESTR FOR SJC AT 12000 FT. DURING THE TAXI AND TKOF THE NEW CAPT WAS HAVING TROUBLE RECEIVING ON HIS EARPIECE AND WAS DISTRACTED BY THAT. HE WAS MISSING COMS AND I WAS TRYING TO FILL IN AND WATCH HIM. IN THE FREQ CHANGE ENSUED I UNDERSTOOD THE CLRNC DELETED THE 12000 FT RESTR AND WE WERE CLRED TO FL230. A CLR DAY IN SJC AND A MISCOM WITH IOE DISTRS. I TOOK THE ACFT AND IMMEDIATELY DSNDED TO 12000 FT BEFORE REACHING SJC VOR. WE DID WHAT WE COULD TO RECTIFY THE MISCOM.

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.