Narrative:

While flying the 120 degree heading of the sjc LOUPE9, and at 5000 ft, the controller gave us an unrestr climb to 15000 ft. I object to the use of this clearance because it seems to only mean 'delete the 5000 ft restr.' the expectations of the crew and controller are quite different. We considered turning for the sjc VOR, which would have meant missing the 12000 ft restr by a huge margin. Instead, we continued southeast until given a vector to the west. I feel if the 5000 ft restr should be left intact for us to fly, or if it isn't needed, a clearance to delete the 5000 ft restr, resume the rest of the LOUPE9 SID, should be issued.

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Original NASA ASRS Text

Title: A B737 CAPT RPTED HIS CONCERN THAT THE PHRASE, 'UNRESTR CLB,' ONLY MEANS THAT A PREVIOUS ALT RESTR HAS BEEN LIFTED.

Narrative: WHILE FLYING THE 120 DEG HDG OF THE SJC LOUPE9, AND AT 5000 FT, THE CTLR GAVE US AN UNRESTR CLB TO 15000 FT. I OBJECT TO THE USE OF THIS CLRNC BECAUSE IT SEEMS TO ONLY MEAN 'DELETE THE 5000 FT RESTR.' THE EXPECTATIONS OF THE CREW AND CTLR ARE QUITE DIFFERENT. WE CONSIDERED TURNING FOR THE SJC VOR, WHICH WOULD HAVE MEANT MISSING THE 12000 FT RESTR BY A HUGE MARGIN. INSTEAD, WE CONTINUED SE UNTIL GIVEN A VECTOR TO THE W. I FEEL IF THE 5000 FT RESTR SHOULD BE LEFT INTACT FOR US TO FLY, OR IF IT ISN'T NEEDED, A CLRNC TO DELETE THE 5000 FT RESTR, RESUME THE REST OF THE LOUPE9 SID, SHOULD BE ISSUED.

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.