PA32 pilot and flight instructor have an altitude deviation during practice approach to lvk.

Attributes
ACN	727040
Time
Date	200602
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : nct.tracon
State Reference	CA
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : nct.tracon
Operator	general aviation : instructional
Make Model Name	PA-32 Cherokee Six/Lance/Saratoga
Operating Under FAR Part	Part 91
Flight Plan	VFR
Aircraft 2
Flight Phase	descent : approach
Person 1
Affiliation	other
Function	instruction : trainee
Qualification	pilot : private pilot : instrument
Experience	flight time last 90 days : 18 flight time total : 1456 flight time type : 760
ASRS Report	727040
Person 2
Affiliation	other
Function	instruction : instructor
Events
Anomaly	altitude deviation : excursion from assigned altitude non adherence : published procedure non adherence : clearance
Independent Detector	other controllerb
Resolutory Action	flight crew : returned to assigned altitude
Supplementary
Problem Areas	Flight Crew Human Performance Airport ATC Human Performance
Primary Problem	Ambiguous

Narrative:

On an IFR training flight; my flight instructor and I were making multiple approachs into lvk for ILS runway 25R. On the second such approach; we were cleared for the option by lvk tower; with instructions to make a right downwind (VFR) departure. On our downwind departure; in VMC; we were in a VFR climb (perhaps out of approximately 3000 ft for 4000 ft MSL) when the tower instructed us to recontact ATC. ATC told us to proceed direct riega NDB and fly the published missed approach. So; we proceeded directly towards riega in VMC. ATC again called us when we were approaching riega and queried us about our altitude and intentions. (I think) ATC had apparently expected us to maintain 3300 ft MSL (the altitude for the published miss) whereas my instructor and I had thought our climb had been a VFR climb and that we would be given a clearance. In any event; we immediately descended to 3300 ft; flew the missed from riega; and then (via pilot navigation) flew the published approach without further incident. This experience highlighted some important potential risks associated with doing multiple practice approachs -- and specifically during the departure/missed phase of flight. It taught me to be absolutely clear and certain as to whether I am VFR or IFR (and absolutely clear of what ATC and tower understands and what I have communicated) and to query ATC and assure that there is full agreement without reservation.

Original NASA ASRS Text

Title: PA32 PLT AND FLT INSTRUCTOR HAVE AN ALTDEV DURING PRACTICE APCH TO LVK.

Narrative: ON AN IFR TRAINING FLT; MY FLT INSTRUCTOR AND I WERE MAKING MULTIPLE APCHS INTO LVK FOR ILS RWY 25R. ON THE SECOND SUCH APCH; WE WERE CLRED FOR THE OPTION BY LVK TWR; WITH INSTRUCTIONS TO MAKE A R DOWNWIND (VFR) DEP. ON OUR DOWNWIND DEP; IN VMC; WE WERE IN A VFR CLB (PERHAPS OUT OF APPROX 3000 FT FOR 4000 FT MSL) WHEN THE TWR INSTRUCTED US TO RECONTACT ATC. ATC TOLD US TO PROCEED DIRECT RIEGA NDB AND FLY THE PUBLISHED MISSED APCH. SO; WE PROCEEDED DIRECTLY TOWARDS RIEGA IN VMC. ATC AGAIN CALLED US WHEN WE WERE APCHING RIEGA AND QUERIED US ABOUT OUR ALT AND INTENTIONS. (I THINK) ATC HAD APPARENTLY EXPECTED US TO MAINTAIN 3300 FT MSL (THE ALT FOR THE PUBLISHED MISS) WHEREAS MY INSTRUCTOR AND I HAD THOUGHT OUR CLB HAD BEEN A VFR CLB AND THAT WE WOULD BE GIVEN A CLRNC. IN ANY EVENT; WE IMMEDIATELY DSNDED TO 3300 FT; FLEW THE MISSED FROM RIEGA; AND THEN (VIA PLT NAV) FLEW THE PUBLISHED APCH WITHOUT FURTHER INCIDENT. THIS EXPERIENCE HIGHLIGHTED SOME IMPORTANT POTENTIAL RISKS ASSOCIATED WITH DOING MULTIPLE PRACTICE APCHS -- AND SPECIFICALLY DURING THE DEP/MISSED PHASE OF FLT. IT TAUGHT ME TO BE ABSOLUTELY CLR AND CERTAIN AS TO WHETHER I AM VFR OR IFR (AND ABSOLUTELY CLR OF WHAT ATC AND TWR UNDERSTANDS AND WHAT I HAVE COMMUNICATED) AND TO QUERY ATC AND ASSURE THAT THERE IS FULL AGREEMENT WITHOUT RESERVATION.

Data retrieved from NASA's ASRS site as of January 2009 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.