Narrative:

Was on loupe 7 departure out of sjc. Departure control cleared us to FL230 and I thought they said to proceed direct to sjc VOR and cross at or above 12000' to maintain FL230. Passing 14000' departure called and asked why we were above 12000' passing the VOR. I stated I thought they cleared us to FL230 and to be at or above 12000' at the VOR. They claimed no violation was being filed. If ATC would give us an SID or STAR and let us fly it as published and not continually amend clrncs, it might help prevent incidents such as this one. On RNAV equipped aircraft, one has to spend time in the FMS to change the program that was set up in the preflight and this distracts the crew into the cockpit instead of having our heads and eyes outside looking for traffic at lower altitudes, especially below 18000' in high density airports. Supplemental information from acn 172262: there was no doubt in either of our minds that we were cleared to cross the VOR about 12000'.

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Original NASA ASRS Text

Title: MLG CROSSED SJC VOR HIGHER THAN SID ALT ASSIGNED.

Narrative: WAS ON LOUPE 7 DEP OUT OF SJC. DEP CTL CLRED US TO FL230 AND I THOUGHT THEY SAID TO PROCEED DIRECT TO SJC VOR AND CROSS AT OR ABOVE 12000' TO MAINTAIN FL230. PASSING 14000' DEP CALLED AND ASKED WHY WE WERE ABOVE 12000' PASSING THE VOR. I STATED I THOUGHT THEY CLRED US TO FL230 AND TO BE AT OR ABOVE 12000' AT THE VOR. THEY CLAIMED NO VIOLATION WAS BEING FILED. IF ATC WOULD GIVE US AN SID OR STAR AND LET US FLY IT AS PUBLISHED AND NOT CONTINUALLY AMEND CLRNCS, IT MIGHT HELP PREVENT INCIDENTS SUCH AS THIS ONE. ON RNAV EQUIPPED ACFT, ONE HAS TO SPEND TIME IN THE FMS TO CHANGE THE PROGRAM THAT WAS SET UP IN THE PREFLT AND THIS DISTRACTS THE CREW INTO THE COCKPIT INSTEAD OF HAVING OUR HEADS AND EYES OUTSIDE LOOKING FOR TFC AT LOWER ALTS, ESPECIALLY BELOW 18000' IN HIGH DENSITY ARPTS. SUPPLEMENTAL INFO FROM ACN 172262: THERE WAS NO DOUBT IN EITHER OF OUR MINDS THAT WE WERE CLRED TO CROSS THE VOR ABOUT 12000'.

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.