Mdt crew had controller misspeak, and issue an altitude he did not intend.

Attributes
ACN	482750
Time
Date	200008
Day	Sun
Local Time Of Day	1801 To 2400
Place
Locale Reference	intersection : fortt
State Reference	PA
Altitude	msl bound lower : 31000 msl bound upper : 31600
Environment
Flight Conditions	VMC
Light	Night
Aircraft 1
Controlling Facilities	artcc : zny.artcc
Operator	common carrier : air carrier
Make Model Name	EMB ERJ 145 ER&LR
Operating Under FAR Part	Part 121
Navigation In Use	other vortac
Flight Phase	climbout : intermediate altitude
Route In Use	enroute airway : j60.airway
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : commercial pilot : multi engine pilot : atp pilot : cfi
Experience	flight time last 90 days : 180 flight time total : 7850 flight time type : 180
ASRS Report	482750
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : commercial pilot : multi engine pilot : instrument
Events
Anomaly	altitude deviation : overshoot non adherence : far non adherence : published procedure other anomaly other
Independent Detector	other controllera
Resolutory Action	controller : issued new clearance controller : issued alert flight crew : returned to assigned altitude
Supplementary
Problem Areas	ATC Human Performance FAA
Primary Problem	ATC Human Performance

Narrative:

I was flying the aircraft. The first officer was operating the radios. We were talking to ZNY on frequency 132.87. Both the first officer and myself heard the controller clear us to climb to FL350. The first officer read back the clearance to FL350. And I set the altitude of FL350 in the altitude preselect of the flight guidance system. As we were climbing through FL316, the controller stated that we had gone/climbed above our assigned altitude of FL310. First officer advised the controller that he had cleared us to FL350. The controller said he did not clear us to FL350. I then said to the controller that there was no doubt that we were instructed by him to climb to FL350, that the first officer had read back the clearance and I heard all of the communication and first officer agreed. We were asked what did we want to do, 'climb to FL350 or descend back to FL310?' by this time we had leveled at FL320 and we decided to descend to FL310. About 7 mins later the center controller handed us off and I asked him if there was any 'problem' regarding the earlier occurrence. He said there was 'no problem' from his point of view and that he 'may' have told us to climb to FL350, but he meant FL310. There were 'no other aircraft around.' there was no conflict. He (the controller) left it that everything was fine. I know that I and my crew did what we were instructed to do and we were not at fault in any way. The ATC controller made a mistake. The controller should have caught his mistake when the first officer read back the clearance to climb to FL350.

Original NASA ASRS Text

Title: MDT CREW HAD CTLR MISSPEAK, AND ISSUE AN ALT HE DID NOT INTEND.

Narrative: I WAS FLYING THE ACFT. THE FO WAS OPERATING THE RADIOS. WE WERE TALKING TO ZNY ON FREQ 132.87. BOTH THE FO AND MYSELF HEARD THE CTLR CLR US TO CLB TO FL350. THE FO READ BACK THE CLRNC TO FL350. AND I SET THE ALT OF FL350 IN THE ALT PRESELECT OF THE FLT GUIDANCE SYS. AS WE WERE CLBING THROUGH FL316, THE CTLR STATED THAT WE HAD GONE/CLBED ABOVE OUR ASSIGNED ALT OF FL310. FO ADVISED THE CTLR THAT HE HAD CLRED US TO FL350. THE CTLR SAID HE DID NOT CLR US TO FL350. I THEN SAID TO THE CTLR THAT THERE WAS NO DOUBT THAT WE WERE INSTRUCTED BY HIM TO CLB TO FL350, THAT THE FO HAD READ BACK THE CLRNC AND I HEARD ALL OF THE COM AND FO AGREED. WE WERE ASKED WHAT DID WE WANT TO DO, 'CLB TO FL350 OR DSND BACK TO FL310?' BY THIS TIME WE HAD LEVELED AT FL320 AND WE DECIDED TO DSND TO FL310. ABOUT 7 MINS LATER THE CTR CTLR HANDED US OFF AND I ASKED HIM IF THERE WAS ANY 'PROB' REGARDING THE EARLIER OCCURRENCE. HE SAID THERE WAS 'NO PROB' FROM HIS POINT OF VIEW AND THAT HE 'MAY' HAVE TOLD US TO CLB TO FL350, BUT HE MEANT FL310. THERE WERE 'NO OTHER ACFT AROUND.' THERE WAS NO CONFLICT. HE (THE CTLR) LEFT IT THAT EVERYTHING WAS FINE. I KNOW THAT I AND MY CREW DID WHAT WE WERE INSTRUCTED TO DO AND WE WERE NOT AT FAULT IN ANY WAY. THE ATC CTLR MADE A MISTAKE. THE CTLR SHOULD HAVE CAUGHT HIS MISTAKE WHEN THE FO READ BACK THE CLRNC TO CLB TO FL350.

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.