Narrative:

Departing sjc. The loupe 5 SID was issued and being flown. The captain was flying this leg, and during the flap retraction sequence/phase the clearance was modified to: at 2000' turn right heading 120 degrees, continue departure. The captain continued the flap retraction sequence after being advised of the 200 KTS speed restriction below sfo TCA (as notamed). He stated that at this gross weight the minimum safe speed flaps up was higher than 200 KTS and thus he would fly the higher speed as he continued to retract flaps to up. We did not start the turn to heading 120 degrees at 2.5 DME as SID requires but at a distance much further beyond, resulting in a total distance of 7.5 DME by completion of turn, with airspeed reaching 235+/- KTS. Also, we were to climb and cross sjc VOR at 12000', then climb to FL230 at normal speed. We actually crossed VOR northbound at 10500' and advised by ATC we blew the crossing. During these events, starting with the 200 KT restriction advice, the captain openly spent much effort to justify his actions, procedures and perceived clrncs to ATC and his crew when he should have been concentrating on flying.

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Original NASA ASRS Text

Title: NON COMPLIANCE WITH LOUPE 5 SID DEPARTING SJC.

Narrative: DEPARTING SJC. THE LOUPE 5 SID WAS ISSUED AND BEING FLOWN. THE CAPT WAS FLYING THIS LEG, AND DURING THE FLAP RETRACTION SEQUENCE/PHASE THE CLRNC WAS MODIFIED TO: AT 2000' TURN RIGHT HDG 120 DEGS, CONTINUE DEP. THE CAPT CONTINUED THE FLAP RETRACTION SEQUENCE AFTER BEING ADVISED OF THE 200 KTS SPD RESTRICTION BELOW SFO TCA (AS NOTAMED). HE STATED THAT AT THIS GROSS WT THE MINIMUM SAFE SPD FLAPS UP WAS HIGHER THAN 200 KTS AND THUS HE WOULD FLY THE HIGHER SPD AS HE CONTINUED TO RETRACT FLAPS TO UP. WE DID NOT START THE TURN TO HDG 120 DEGS AT 2.5 DME AS SID REQUIRES BUT AT A DISTANCE MUCH FURTHER BEYOND, RESULTING IN A TOTAL DISTANCE OF 7.5 DME BY COMPLETION OF TURN, WITH AIRSPD REACHING 235+/- KTS. ALSO, WE WERE TO CLB AND CROSS SJC VOR AT 12000', THEN CLB TO FL230 AT NORMAL SPD. WE ACTUALLY CROSSED VOR NBOUND AT 10500' AND ADVISED BY ATC WE BLEW THE XING. DURING THESE EVENTS, STARTING WITH THE 200 KT RESTRICTION ADVICE, THE CAPT OPENLY SPENT MUCH EFFORT TO JUSTIFY HIS ACTIONS, PROCS AND PERCEIVED CLRNCS TO ATC AND HIS CREW WHEN HE SHOULD HAVE BEEN CONCENTRATING ON FLYING.

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.