Air carrier MD80S flight crew misinterped ATC clearance and climbed above SID crossing restr.

Attributes
ACN	423946
Time
Date	199812
Day	Fri
Local Time Of Day	1201 To 1800
Place
Locale Reference	airport : sjc
State Reference	CA
Altitude	msl bound lower : 12000 msl bound upper : 12500
Aircraft 1
Operator	common carrier : air carrier
Make Model Name	MD-80 Super 80
Route In Use	departure other departure sid : sid
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : first officer
ASRS Report	423946
Person 2
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
ASRS Report	423947
Events
Anomaly	altitude deviation : crossing restriction not met altitude deviation : overshoot non adherence : published procedure
Independent Detector	other controllera
Resolutory Action	other
Consequence	Other
Supplementary
Air Traffic Incident	Pilot Deviation

Narrative:

First officer flying loupe 9 departure making turn back over VOR cleared to FL230 but make altitude restrs. At 5 mi southeast of VOR at 12000 ft, ATC told us to maintain 13000 ft. Thought restr was at or above 12000 ft so was climbing to FL230. At 4000 ft, ATC cleared us to FL230 so that first officer flying loupe 9 departure out of sjc. Captain asked if unrestr and ATC said yes flying back to the VOR at 5 DME from VOR at 12500 ft. But, departure told us to level at 13000 ft. The confusion was not crossing the VOR at 12000 ft, then climbing to FL230 after the VOR. It would be clrer if cleared to 12000 ft till crossing the VOR than a climb to a higher altitude. Supplemental information from acn 423947: at 4000 ft we were cleared to FL230. I asked about the 5000 ft restr and was told to climb unrestr to FL230. He later cleared us to the sjc VOR and the remainder of the loupe 9 to comply with the restrs and a frequency change to ZOA. Approaching 13000 ft we were asked to level off. We were then cleared up to FL230. The departure procedure was misread as to cross the VOR at or above 12000 ft.

Original NASA ASRS Text

Title: ACR MD80S FLC MISINTERPED ATC CLRNC AND CLBED ABOVE SID XING RESTR.

Narrative: FO FLYING LOUPE 9 DEP MAKING TURN BACK OVER VOR CLRED TO FL230 BUT MAKE ALT RESTRS. AT 5 MI SE OF VOR AT 12000 FT, ATC TOLD US TO MAINTAIN 13000 FT. THOUGHT RESTR WAS AT OR ABOVE 12000 FT SO WAS CLBING TO FL230. AT 4000 FT, ATC CLRED US TO FL230 SO THAT FO FLYING LOUPE 9 DEP OUT OF SJC. CAPT ASKED IF UNRESTR AND ATC SAID YES FLYING BACK TO THE VOR AT 5 DME FROM VOR AT 12500 FT. BUT, DEP TOLD US TO LEVEL AT 13000 FT. THE CONFUSION WAS NOT XING THE VOR AT 12000 FT, THEN CLBING TO FL230 AFTER THE VOR. IT WOULD BE CLRER IF CLRED TO 12000 FT TILL XING THE VOR THAN A CLB TO A HIGHER ALT. SUPPLEMENTAL INFO FROM ACN 423947: AT 4000 FT WE WERE CLRED TO FL230. I ASKED ABOUT THE 5000 FT RESTR AND WAS TOLD TO CLB UNRESTR TO FL230. HE LATER CLRED US TO THE SJC VOR AND THE REMAINDER OF THE LOUPE 9 TO COMPLY WITH THE RESTRS AND A FREQ CHANGE TO ZOA. APCHING 13000 FT WE WERE ASKED TO LEVEL OFF. WE WERE THEN CLRED UP TO FL230. THE DEP PROC WAS MISREAD AS TO CROSS THE VOR AT OR ABOVE 12000 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.