Small transport X climbed through crossing restriction. Pilot deviation.

Attributes
ACN	136592
Time
Date	199002
Day	Fri
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : bro
State Reference	TX
Altitude	msl bound lower : 4000 msl bound upper : 5000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : crp artcc : zoa
Operator	general aviation : corporate
Make Model Name	Small Transport
Flight Phase	climbout : intermediate altitude
Route In Use	enroute : direct
Flight Plan	IFR
Person 1
Affiliation	government : faa
Function	controller : approach
Qualification	controller : radar
ASRS Report	136592
Person 2
Affiliation	Other
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Events
Anomaly	altitude deviation : crossing restriction not met altitude deviation : overshoot non adherence : clearance
Independent Detector	other controllera
Resolutory Action	controller : issued new clearance other
Consequence	faa : reviewed incident with flight crew
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

Small transport X departed the bro airport at XXXX northbound on J25. Small transport X was issued a 4000 ft restriction by bro tower for opposite direction traffic descending to 5000 inbound to mam. On initial contact small transport X was advised of 5000 traffic and told to report level at 4000 and crossing 6 DME from bro VORTAC. The pilot responded 'we are already at 5000, do you want us to go back to 4000.' I stated restriction of 4000 was issued by tower and immediately asked the opposite direction traffic if he was still above 6000. Small transport X responded roger going back to 5000. The opposite direction traffic stated that he was at 6000 at that time. I instructed the opposite direction traffic 'maintain six thousand', then issued a 5000 restriction to small transport X. The pilot of small transport X appeared to not know anything about the 4000 ft restriction or had disregarded the restriction. The bro tower controller verified a 4000 ft restriction was issued and rogered by the pilot prior to departure.

Original NASA ASRS Text

Title: SMT X CLIMBED THROUGH CROSSING RESTRICTION. PLT DEVIATION.

Narrative: SMT X DEPARTED THE BRO ARPT AT XXXX NBOUND ON J25. SMT X WAS ISSUED A 4000 FT RESTRICTION BY BRO TWR FOR OPPOSITE DIRECTION TFC DESCENDING TO 5000 INBOUND TO MAM. ON INITIAL CONTACT SMT X WAS ADVISED OF 5000 TFC AND TOLD TO REPORT LEVEL AT 4000 AND XING 6 DME FROM BRO VORTAC. THE PLT RESPONDED 'WE ARE ALREADY AT 5000, DO YOU WANT US TO GO BACK TO 4000.' I STATED RESTRICTION OF 4000 WAS ISSUED BY TWR AND IMMEDIATELY ASKED THE OPPOSITE DIRECTION TFC IF HE WAS STILL ABOVE 6000. SMT X RESPONDED ROGER GOING BACK TO 5000. THE OPPOSITE DIRECTION TFC STATED THAT HE WAS AT 6000 AT THAT TIME. I INSTRUCTED THE OPPOSITE DIRECTION TFC 'MAINTAIN SIX THOUSAND', THEN ISSUED A 5000 RESTRICTION TO SMT X. THE PLT OF SMT X APPEARED TO NOT KNOW ANYTHING ABOUT THE 4000 FT RESTRICTION OR HAD DISREGARDED THE RESTRICTION. THE BRO TWR CTLR VERIFIED A 4000 FT RESTRICTION WAS ISSUED AND ROGERED BY THE PLT PRIOR TO DEP.

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.