B767 captain deliberately exceeded 250 KIAS below 10000 ft.

Attributes
ACN	413840
Time
Date	199808
Day	Sat
Local Time Of Day	0601 To 1200
Place
Locale Reference	atc facility : oak airport : sfo
State Reference	CA
Altitude	msl bound lower : 8000 msl bound upper : 8000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zoa tower : pah
Operator	common carrier : air carrier
Make Model Name	B767 Undifferentiated or Other Model
Operating Under FAR Part	Part 121
Navigation In Use	Other Other
Flight Phase	climbout : intermediate altitude
Route In Use	departure other departure sid : sid
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : instrument pilot : commercial
ASRS Report	413840
Person 2
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Events
Anomaly	non adherence : far other anomaly
Independent Detector	other flight crewa
Resolutory Action	none taken : anomaly accepted
Consequence	Other
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

Captain flying first leg sfo to dfw on sfo 8 SID with ACARS clearance of 'do not exceed 250 KTS ufn.' at 8000 ft, ATC said 'do not exceed 270 KTS in climb.' captain reduced climb rate and started to accelerate. At 260 KTS I reminded him we were still below 10000 ft. He replied we should do what ATC said and the '250 below 10' rule no longer applied. I reminded him of the rule that an ATC clearance is not permission to break the FARS. He disregarded this and continued to 270 KTS at 9000 ft.

Original NASA ASRS Text

Title: B767 CAPT DELIBERATELY EXCEEDED 250 KIAS BELOW 10000 FT.

Narrative: CAPT FLYING FIRST LEG SFO TO DFW ON SFO 8 SID WITH ACARS CLRNC OF 'DO NOT EXCEED 250 KTS UFN.' AT 8000 FT, ATC SAID 'DO NOT EXCEED 270 KTS IN CLB.' CAPT REDUCED CLB RATE AND STARTED TO ACCELERATE. AT 260 KTS I REMINDED HIM WE WERE STILL BELOW 10000 FT. HE REPLIED WE SHOULD DO WHAT ATC SAID AND THE '250 BELOW 10' RULE NO LONGER APPLIED. I REMINDED HIM OF THE RULE THAT AN ATC CLRNC IS NOT PERMISSION TO BREAK THE FARS. HE DISREGARDED THIS AND CONTINUED TO 270 KTS AT 9000 FT.

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.