Flight crew of an medium large transport overshot altitude prior to SID crossing fix due controller phraseology of their clearance to a higher altitude. However, the controller intervened in time for them to descend to meet the SID crossing altitude.

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Attributes
ACN	415090
Time
Date	199809
Day	Sat
Local Time Of Day	0601 To 1200
Place
Locale Reference	airport : sjc
State Reference	CA
Altitude	msl bound lower : 12000 msl bound upper : 12700
Environment
Flight Conditions	VMC
Light	Dawn
Aircraft 1
Operator	common carrier : air carrier
Make Model Name	Commercial Fixed Wing
Operating Under FAR Part	Part 121
Flight Phase	climbout : intermediate altitude
Route In Use	departure other departure sid : sid enroute airway : oak
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp pilot : flight engineer
Experience	flight time last 90 days : 260 flight time total : 12000 flight time type : 6000
ASRS Report	415090
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : commercial pilot : instrument
Events
Anomaly	altitude deviation : overshoot non adherence : clearance
Independent Detector	other controllera
Resolutory Action	flight crew : returned to intended course or assigned course other
Consequence	Other
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

On the loupe 9 departure out of sjc en route to sea, we were cleared out of 5000 ft to 'FL230, cross the sjc VOR at 12000 ft.' then we were cleared unrestr to FL230. I repeated back 'unrestr to FL230.' the first officer also understood it to be unrestr. Climbing out of 12700 ft, just before the VOR, departure reminded us to cross the VOR at 12000 ft. We crossed sjc at 12000 ft and nothing more was said. I think the controller forgot or changed his mind without wanting to admit to it.

Original NASA ASRS Text

Title: FLC OF AN MLG OVERSHOT ALT PRIOR TO SID XING FIX DUE CTLR PHRASEOLOGY OF THEIR CLRNC TO A HIGHER ALT. HOWEVER, THE CTLR INTERVENED IN TIME FOR THEM TO DSND TO MEET THE SID XING ALT.

Narrative: ON THE LOUPE 9 DEP OUT OF SJC ENRTE TO SEA, WE WERE CLRED OUT OF 5000 FT TO 'FL230, CROSS THE SJC VOR AT 12000 FT.' THEN WE WERE CLRED UNRESTR TO FL230. I REPEATED BACK 'UNRESTR TO FL230.' THE FO ALSO UNDERSTOOD IT TO BE UNRESTR. CLBING OUT OF 12700 FT, JUST BEFORE THE VOR, DEP REMINDED US TO CROSS THE VOR AT 12000 FT. WE CROSSED SJC AT 12000 FT AND NOTHING MORE WAS SAID. I THINK THE CTLR FORGOT OR CHANGED HIS MIND WITHOUT WANTING TO ADMIT TO IT.

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.