Narrative:

A clearance was received with an initial routing, 'san jose 4 departure avenal transition. Climb and maintain 230.' the SID contains an initial 5000' restriction until crossing the sjc 005 degree right. Departure was from runway 30L. The first officer was at the controls and 5000' set and armed in DFGS #2. Following takeoff, and beginning the initial turn to 120 degrees, we switched to bay departure. The controller issued a warning about hang gliders in the area which were not visible on radar. We both went outside the cockpit. Almost simultaneously we observed an medium large transport Y near the same altitude and which we were turning inside of. The altitude alert sounded taking us both back inside. The altitude was approximately 5400' and we were climbing between 4000-5000 FPM. The autoplt was disconnected and manual level off initiated. Due to the high climb rate level off occurred at approximately 6300', just as bay departure asked our altitude. We asked if he wanted us back to 5000'. He said no, continue climb. About 3 mins later he told me to call bay departure upon landing. I called as requested. I was told no alarms had been set off with regard to the medium large transport Y and the autoplt was written up. This potential midair/altitude excursion contained several ingredients--a complicated SID with a lower altitude restriction than issued by ATC clearance, a light takeoff gross weight resulting in a high initial climb gradient, and an autoplt malfunction which was missed due to the distraction created by the controller issuing a nonradar traffic advisory. This last point I consider the primary reason for the altitude excursion. In conclusion, I believe ATC bears some burden and could help prevent future incidents by issuing the hang glider advisory via ATIS or by sjc tower prior to departure. Additionally, the initial clearance should only be to 5000'.

Related reports:

Google
 

Original NASA ASRS Text

Title: ACR-MLG OVERSHOT CROSSING RESTRICTION ALT CAUSING LESS THAN STANDARD SEPARATION WITH PRECEDING MLG.

Narrative: A CLRNC WAS RECEIVED WITH AN INITIAL ROUTING, 'SAN JOSE 4 DEP AVENAL TRANSITION. CLB AND MAINTAIN 230.' THE SID CONTAINS AN INITIAL 5000' RESTRICTION UNTIL XING THE SJC 005 DEG R. DEP WAS FROM RWY 30L. THE F/O WAS AT THE CTLS AND 5000' SET AND ARMED IN DFGS #2. FOLLOWING TKOF, AND BEGINNING THE INITIAL TURN TO 120 DEGS, WE SWITCHED TO BAY DEP. THE CTLR ISSUED A WARNING ABOUT HANG GLIDERS IN THE AREA WHICH WERE NOT VISIBLE ON RADAR. WE BOTH WENT OUTSIDE THE COCKPIT. ALMOST SIMULTANEOUSLY WE OBSERVED AN MLG Y NEAR THE SAME ALT AND WHICH WE WERE TURNING INSIDE OF. THE ALT ALERT SOUNDED TAKING US BOTH BACK INSIDE. THE ALT WAS APPROX 5400' AND WE WERE CLBING BTWN 4000-5000 FPM. THE AUTOPLT WAS DISCONNECTED AND MANUAL LEVEL OFF INITIATED. DUE TO THE HIGH CLB RATE LEVEL OFF OCCURRED AT APPROX 6300', JUST AS BAY DEP ASKED OUR ALT. WE ASKED IF HE WANTED US BACK TO 5000'. HE SAID NO, CONTINUE CLB. ABOUT 3 MINS LATER HE TOLD ME TO CALL BAY DEP UPON LNDG. I CALLED AS REQUESTED. I WAS TOLD NO ALARMS HAD BEEN SET OFF WITH REGARD TO THE MLG Y AND THE AUTOPLT WAS WRITTEN UP. THIS POTENTIAL MIDAIR/ALT EXCURSION CONTAINED SEVERAL INGREDIENTS--A COMPLICATED SID WITH A LOWER ALT RESTRICTION THAN ISSUED BY ATC CLRNC, A LIGHT TKOF GROSS WT RESULTING IN A HIGH INITIAL CLB GRADIENT, AND AN AUTOPLT MALFUNCTION WHICH WAS MISSED DUE TO THE DISTR CREATED BY THE CTLR ISSUING A NONRADAR TFC ADVISORY. THIS LAST POINT I CONSIDER THE PRIMARY REASON FOR THE ALT EXCURSION. IN CONCLUSION, I BELIEVE ATC BEARS SOME BURDEN AND COULD HELP PREVENT FUTURE INCIDENTS BY ISSUING THE HANG GLIDER ADVISORY VIA ATIS OR BY SJC TWR PRIOR TO DEP. ADDITIONALLY, THE INITIAL CLRNC SHOULD ONLY BE TO 5000'.

Data retrieved from NASA's ASRS site as of August 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.