Narrative:

Climbing through FL260 the first officer remembered that we were limited to FL250, due to an MEL restriction for an inoperative pack. Immediately, we requested and received (within 30 seconds) a descent clearance back to FL250 from FL260 even though we were cleared to FL290 by ATC. Contributing factors which led to the climb to the higher than authority/authorized altitude was dispatch's failure to refile the new altitude on the flight plan with ATC and the crew's failure to recall the altitude restriction when accepting the clearance. Although complete responsibility for climbing to an altitude higher than permitted by MEL rests with the captain, mitigating factors for the flight were 3 previous lengthy maintenance delays that day, an improper crew delay charged to the captain prior to the flight and insufficient rest prior to work due to late notification for flying duty by crew scheduling. Fortunately, since we were cleared to FL290 this did not involve an altitude bust.

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Original NASA ASRS Text

Title: MLG TYPE ACFT WITH ONE AIR CONDITIONING PACK INOP CLIMBED THROUGH MAX ALT PER MEL OF 25000. OBTAINED NEW CLRNC AND RETURNED TO FL250.

Narrative: CLBING THROUGH FL260 THE F/O REMEMBERED THAT WE WERE LIMITED TO FL250, DUE TO AN MEL RESTRICTION FOR AN INOPERATIVE PACK. IMMEDIATELY, WE REQUESTED AND RECEIVED (WITHIN 30 SECS) A DSNT CLRNC BACK TO FL250 FROM FL260 EVEN THOUGH WE WERE CLRED TO FL290 BY ATC. CONTRIBUTING FACTORS WHICH LED TO THE CLB TO THE HIGHER THAN AUTH ALT WAS DISPATCH'S FAILURE TO REFILE THE NEW ALT ON THE FLT PLAN WITH ATC AND THE CREW'S FAILURE TO RECALL THE ALT RESTRICTION WHEN ACCEPTING THE CLRNC. ALTHOUGH COMPLETE RESPONSIBILITY FOR CLBING TO AN ALT HIGHER THAN PERMITTED BY MEL RESTS WITH THE CAPT, MITIGATING FACTORS FOR THE FLT WERE 3 PREVIOUS LENGTHY MAINT DELAYS THAT DAY, AN IMPROPER CREW DELAY CHARGED TO THE CAPT PRIOR TO THE FLT AND INSUFFICIENT REST PRIOR TO WORK DUE TO LATE NOTIFICATION FOR FLYING DUTY BY CREW SCHEDULING. FORTUNATELY, SINCE WE WERE CLRED TO FL290 THIS DID NOT INVOLVE AN ALT BUST.

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.