B767 captain mistakenly started climbing above the sjc loupe 9 departure crossing restr believing that the restr had been lifted when cleared to a higher altitude.

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Attributes
ACN	558575
Time
Date	200208
Day	Mon
Local Time Of Day	0601 To 1200
Place
Locale Reference	airport : sjc.airport
State Reference	CA
Altitude	msl bound lower : 5000 msl bound upper : 5300
Aircraft 1
Controlling Facilities	tracon : o90.tracon tower : jfk.tower
Operator	common carrier : air carrier
Make Model Name	B767 Undifferentiated or Other Model
Operating Under FAR Part	Part 121
Flight Phase	climbout : vacating altitude
Route In Use	departure sid : san jose
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : instrument pilot : commercial pilot : multi engine
Experience	flight time type : 785
ASRS Report	558575
Person 2
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time type : 637
ASRS Report	558572
Events
Anomaly	altitude deviation : crossing restriction not met non adherence : published procedure non adherence : clearance
Independent Detector	atc equipment other atc equipment : radar aircraft equipment other aircraft equipment : altimeter/vor ind other controllera
Resolutory Action	controller : issued new clearance
Supplementary
Problem Areas	Flight Crew Human Performance Airspace Structure
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

On departure from sjc, on the loupe 9, with the captain as PF, we were leveling at 5000 ft to comply with a crossing restr of 5000 ft or below until crossing the sjc 047 degree radial when ATC told us to climb and maintain 15000 ft. We were approximately 2 mi from crossing the radial, and we initiated the climb thinking it was a clearance to climb unrestr. As we passed about 5300 ft, the controller began to issue us a clearance but then said disregard, and we continued the climb. Nothing further was said. There was no traffic conflict, but we realized the clearance did not negate the crossing restr. In retrospect, we should have briefed the 'magic words' on such a departure to ensure compliance with all restrs. Fatigue may have been a factor as we were up at early morning for this XA20 departure. We were probably spring loaded to expect the climb to be unrestr due to the hour and lack of much traffic. In any case, we should have clarified the clearance before beginning the climb.

Original NASA ASRS Text

Title: B767 CAPT MISTAKENLY STARTED CLBING ABOVE THE SJC LOUPE 9 DEP XING RESTR BELIEVING THAT THE RESTR HAD BEEN LIFTED WHEN CLRED TO A HIGHER ALT.

Narrative: ON DEP FROM SJC, ON THE LOUPE 9, WITH THE CAPT AS PF, WE WERE LEVELING AT 5000 FT TO COMPLY WITH A XING RESTR OF 5000 FT OR BELOW UNTIL XING THE SJC 047 DEG RADIAL WHEN ATC TOLD US TO CLB AND MAINTAIN 15000 FT. WE WERE APPROX 2 MI FROM XING THE RADIAL, AND WE INITIATED THE CLB THINKING IT WAS A CLRNC TO CLB UNRESTR. AS WE PASSED ABOUT 5300 FT, THE CTLR BEGAN TO ISSUE US A CLRNC BUT THEN SAID DISREGARD, AND WE CONTINUED THE CLB. NOTHING FURTHER WAS SAID. THERE WAS NO TFC CONFLICT, BUT WE REALIZED THE CLRNC DID NOT NEGATE THE XING RESTR. IN RETROSPECT, WE SHOULD HAVE BRIEFED THE 'MAGIC WORDS' ON SUCH A DEP TO ENSURE COMPLIANCE WITH ALL RESTRS. FATIGUE MAY HAVE BEEN A FACTOR AS WE WERE UP AT EARLY MORNING FOR THIS XA20 DEP. WE WERE PROBABLY SPRING LOADED TO EXPECT THE CLB TO BE UNRESTR DUE TO THE HR AND LACK OF MUCH TFC. IN ANY CASE, WE SHOULD HAVE CLARIFIED THE CLRNC BEFORE BEGINNING THE CLB.

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.