Narrative:

On departure from sjc and flying a SID on vectors, the bay departure controller cleared us at our discretion at 12000 ft to direct sjc VOR, maintain FL240. We rogered the clearance direct to sjc VOR and continued our climb. Bay departure turned us over to ZOA and we advised that we were climbing to FL240. He rogered our call and approximately 1 min later advised that there was a 12000 ft restr until passing sjc VOR. It seems that the confusion was initiated by bay departure in using less than standard phraseology in issuing our climb clearance. In the future, we should not accept any clearance not issued in proper phraseology, ie, 'cleared direct sjc, maintain 12000 ft, then climb to and maintain FL240.' supplemental information from acn 359240: bay departure gave instructions to turn to sjc VOR at pilot's discretion, cross sjc VOR (?) 12000 ft climb to FL2XX. Just before departure controller said 12000 ft, backgnd noise in the cockpit masked this part of the instruction. I believe PNF read back clearance 'turn right pilot's discretion to sjc VOR, cross sjc VOR at 12000 ft, climb to FL2XX.' I then asked PNF if we were to cross sjc at 12000 ft or at or above 12000 ft. PNF had SID plate on his yoke (only 1 plate available for both pilots). He said the controller intended for us to cross sjc at or above 12000 ft. I expected PNF to request clarification, but bay departure immediately handed us off to oakland center. Center told us we were to cross sjc VOR at 12000 ft. Having a second copy of the SID would have been helpful.

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Original NASA ASRS Text

Title: A CPR FALCON DA900 CROSSED SJC ABOVE 12000 FT. THEY WERE ON THE LOUPE 9 SID THAT REQUIRES A 12000 FT XING.

Narrative: ON DEP FROM SJC AND FLYING A SID ON VECTORS, THE BAY DEP CTLR CLRED US AT OUR DISCRETION AT 12000 FT TO DIRECT SJC VOR, MAINTAIN FL240. WE ROGERED THE CLRNC DIRECT TO SJC VOR AND CONTINUED OUR CLB. BAY DEP TURNED US OVER TO ZOA AND WE ADVISED THAT WE WERE CLBING TO FL240. HE ROGERED OUR CALL AND APPROX 1 MIN LATER ADVISED THAT THERE WAS A 12000 FT RESTR UNTIL PASSING SJC VOR. IT SEEMS THAT THE CONFUSION WAS INITIATED BY BAY DEP IN USING LESS THAN STANDARD PHRASEOLOGY IN ISSUING OUR CLB CLRNC. IN THE FUTURE, WE SHOULD NOT ACCEPT ANY CLRNC NOT ISSUED IN PROPER PHRASEOLOGY, IE, 'CLRED DIRECT SJC, MAINTAIN 12000 FT, THEN CLB TO AND MAINTAIN FL240.' SUPPLEMENTAL INFO FROM ACN 359240: BAY DEP GAVE INSTRUCTIONS TO TURN TO SJC VOR AT PLT'S DISCRETION, CROSS SJC VOR (?) 12000 FT CLB TO FL2XX. JUST BEFORE DEP CTLR SAID 12000 FT, BACKGND NOISE IN THE COCKPIT MASKED THIS PART OF THE INSTRUCTION. I BELIEVE PNF READ BACK CLRNC 'TURN R PLT'S DISCRETION TO SJC VOR, CROSS SJC VOR AT 12000 FT, CLB TO FL2XX.' I THEN ASKED PNF IF WE WERE TO CROSS SJC AT 12000 FT OR AT OR ABOVE 12000 FT. PNF HAD SID PLATE ON HIS YOKE (ONLY 1 PLATE AVAILABLE FOR BOTH PLTS). HE SAID THE CTLR INTENDED FOR US TO CROSS SJC AT OR ABOVE 12000 FT. I EXPECTED PNF TO REQUEST CLARIFICATION, BUT BAY DEP IMMEDIATELY HANDED US OFF TO OAKLAND CTR. CTR TOLD US WE WERE TO CROSS SJC VOR AT 12000 FT. HAVING A SECOND COPY OF THE SID WOULD HAVE BEEN HELPFUL.

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.