Narrative:

Flying the loupe 9 departure from sjc, we were on the 120 degree heading segment at 5000 ft. Bay departure cleared us to climb to 12000 ft. A passenger came forward and distraction us with a question, and I told him 'we are busy I'll get back to you when I can.' bay departure gave us another clearance which I missed because of the distraction. The copilot said we are cleared direct to the sjc VOR climb to FL230. I repeated cleared to the VOR, climb to FL230. Copilot says 'that's correct.' I then asked him 'was there something in that clearance about the VOR at 12000 ft as I had just briefed on the departure briefing.' he said 'no, we are cleared to FL230.' I said 'call him back and confirm it.' at this point we are climbing in excess of 4000 FPM. I pulled the power back to wait for the confirmation on the clearance but went sailing through 12000 ft up to 12600 ft just to hear the controller say 'no, cross the VOR at 12000 ft' then climb to FL230' at which point I scurried back down to 12000 ft. I should have reacted faster to my initial feeling not to get above 12000 ft until it was confirmed. Although I got the distraction taken care of quickly, it was just enough of a distraction that I missed a clearance. The copilot was more concerned with programming the FMS to the sjc VOR than reconfirming the clearance. I have always felt this SID should be revised as it is complicated and not user friendly to someone not using it on a daily basis. This procedure also promotes a totally heads down procedure in a high traffic density area, where frequencys are always congested and controllers always busy.

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Original NASA ASRS Text

Title: LR35 ACFT ON SID DEP, PF, CAPT WAS DISTR BY A PAX QUESTION JUST AS ATC ISSUED A CLRNC. FO MISUNDERSTOOD CLRNC AND TOLD CAPT ERRONEOUS ALT INFO, BUT CAPT QUESTIONED IT SO HAD HIM CONFIRM WITH ATC WHO REPEATED THE ALT RESTR AS ACFT WAS ALREADY PAST IT.

Narrative: FLYING THE LOUPE 9 DEP FROM SJC, WE WERE ON THE 120 DEG HDG SEGMENT AT 5000 FT. BAY DEP CLRED US TO CLB TO 12000 FT. A PAX CAME FORWARD AND DISTR US WITH A QUESTION, AND I TOLD HIM 'WE ARE BUSY I'LL GET BACK TO YOU WHEN I CAN.' BAY DEP GAVE US ANOTHER CLRNC WHICH I MISSED BECAUSE OF THE DISTR. THE COPLT SAID WE ARE CLRED DIRECT TO THE SJC VOR CLB TO FL230. I REPEATED CLRED TO THE VOR, CLB TO FL230. COPLT SAYS 'THAT'S CORRECT.' I THEN ASKED HIM 'WAS THERE SOMETHING IN THAT CLRNC ABOUT THE VOR AT 12000 FT AS I HAD JUST BRIEFED ON THE DEP BRIEFING.' HE SAID 'NO, WE ARE CLRED TO FL230.' I SAID 'CALL HIM BACK AND CONFIRM IT.' AT THIS POINT WE ARE CLBING IN EXCESS OF 4000 FPM. I PULLED THE PWR BACK TO WAIT FOR THE CONFIRMATION ON THE CLRNC BUT WENT SAILING THROUGH 12000 FT UP TO 12600 FT JUST TO HEAR THE CTLR SAY 'NO, CROSS THE VOR AT 12000 FT' THEN CLB TO FL230' AT WHICH POINT I SCURRIED BACK DOWN TO 12000 FT. I SHOULD HAVE REACTED FASTER TO MY INITIAL FEELING NOT TO GET ABOVE 12000 FT UNTIL IT WAS CONFIRMED. ALTHOUGH I GOT THE DISTR TAKEN CARE OF QUICKLY, IT WAS JUST ENOUGH OF A DISTR THAT I MISSED A CLRNC. THE COPLT WAS MORE CONCERNED WITH PROGRAMMING THE FMS TO THE SJC VOR THAN RECONFIRMING THE CLRNC. I HAVE ALWAYS FELT THIS SID SHOULD BE REVISED AS IT IS COMPLICATED AND NOT USER FRIENDLY TO SOMEONE NOT USING IT ON A DAILY BASIS. THIS PROC ALSO PROMOTES A TOTALLY HEADS DOWN PROC IN A HIGH TFC DENSITY AREA, WHERE FREQS ARE ALWAYS CONGESTED AND CTLRS ALWAYS BUSY.

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.