Narrative:

Our filed route was: ont-pom 1-GMN-direct ave-direct bsr-direct sfo. We were cleared from ont 'to sfo as filed, pom 1 departure, maintain 12000', maintain 250 KTS until further advised.' on the climb out, just prior to reaching the pom VOR and at an altitude of about 7450' MSL, ont departure control called with a tone of urgency in the controller's voice and said words to the effect, '...you are supposed to cross karyn at 7000'. Maintain 7000'.' we immediately stopped the climb and started a descent to 7000'. We xed karyn intersection at about 7200' descending to 7000'. We were handed off to lax ARTCC and they later cleared us to a higher altitude. Contributing factors: the pom 1 departure plate shows a crossing restriction at the karyn intersection of 'cross at or below 7000'.' however, because we had been cleared to maintain 12000', and because the crossing restriction at karyn intersection had not been restated in the clearance, I assumed that the 7000' restriction no longer applied. The aim, dated 3/10/88, paragraph 270G adherence to clearance, states: 'the guiding principle is that the last ATC clearance has precedence over the previous ATC clearance. When a route of altitude in a previously issued clearance is amended, the controller will restate applicable altitude restrictions. If altitude to maintain is changed or restated, whether prior to departure or while airborne, and previously issued altitude restrictions are omitted, those altitude restrictions are cancelled, including SID altitude restrictions.' comments: the controllers were very busy, so I was unable to discuss the issue with them or even get a telephone number so we could talk about it later. I was left with the distinct impression, though, that they fully expected us to cross karyn intersection at 7000' even though the restriction had not been restated in the original clearance. Several days later I talked to another captain who said that the exact same thing had happened to him on the exact same departure out of ont. He told me that he had made the same assumption I had made, based on the same paragraph in the aim (270G).

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Original NASA ASRS Text

Title: ACR MLG MISSES SID CROSSING RESTRICTION.

Narrative: OUR FILED ROUTE WAS: ONT-POM 1-GMN-DIRECT AVE-DIRECT BSR-DIRECT SFO. WE WERE CLRED FROM ONT 'TO SFO AS FILED, POM 1 DEP, MAINTAIN 12000', MAINTAIN 250 KTS UNTIL FURTHER ADVISED.' ON THE CLBOUT, JUST PRIOR TO REACHING THE POM VOR AND AT AN ALT OF ABOUT 7450' MSL, ONT DEP CTL CALLED WITH A TONE OF URGENCY IN THE CTLR'S VOICE AND SAID WORDS TO THE EFFECT, '...YOU ARE SUPPOSED TO CROSS KARYN AT 7000'. MAINTAIN 7000'.' WE IMMEDIATELY STOPPED THE CLB AND STARTED A DSCNT TO 7000'. WE XED KARYN INTXN AT ABOUT 7200' DSNDING TO 7000'. WE WERE HANDED OFF TO LAX ARTCC AND THEY LATER CLRED US TO A HIGHER ALT. CONTRIBUTING FACTORS: THE POM 1 DEP PLATE SHOWS A XING RESTRICTION AT THE KARYN INTXN OF 'CROSS AT OR BELOW 7000'.' HOWEVER, BECAUSE WE HAD BEEN CLRED TO MAINTAIN 12000', AND BECAUSE THE XING RESTRICTION AT KARYN INTXN HAD NOT BEEN RESTATED IN THE CLRNC, I ASSUMED THAT THE 7000' RESTRICTION NO LONGER APPLIED. THE AIM, DATED 3/10/88, PARAGRAPH 270G ADHERENCE TO CLRNC, STATES: 'THE GUIDING PRINCIPLE IS THAT THE LAST ATC CLRNC HAS PRECEDENCE OVER THE PREVIOUS ATC CLRNC. WHEN A ROUTE OF ALT IN A PREVIOUSLY ISSUED CLRNC IS AMENDED, THE CTLR WILL RESTATE APPLICABLE ALT RESTRICTIONS. IF ALT TO MAINTAIN IS CHANGED OR RESTATED, WHETHER PRIOR TO DEP OR WHILE AIRBORNE, AND PREVIOUSLY ISSUED ALT RESTRICTIONS ARE OMITTED, THOSE ALT RESTRICTIONS ARE CANCELLED, INCLUDING SID ALT RESTRICTIONS.' COMMENTS: THE CTLRS WERE VERY BUSY, SO I WAS UNABLE TO DISCUSS THE ISSUE WITH THEM OR EVEN GET A TELEPHONE NUMBER SO WE COULD TALK ABOUT IT LATER. I WAS LEFT WITH THE DISTINCT IMPRESSION, THOUGH, THAT THEY FULLY EXPECTED US TO CROSS KARYN INTXN AT 7000' EVEN THOUGH THE RESTRICTION HAD NOT BEEN RESTATED IN THE ORIGINAL CLRNC. SEVERAL DAYS LATER I TALKED TO ANOTHER CAPT WHO SAID THAT THE EXACT SAME THING HAD HAPPENED TO HIM ON THE EXACT SAME DEP OUT OF ONT. HE TOLD ME THAT HE HAD MADE THE SAME ASSUMPTION I HAD MADE, BASED ON THE SAME PARAGRAPH IN THE AIM (270G).

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.