Narrative:

On taxi-out to runway 09 for departure, we received our clearance from maiquetia tower. Cleared to mia as filed, climb, maintain FL310 and the squawk. At the end of the runway we were cleared for takeoff: 'cleared for takeoff runway 09, climb and maintain FL31000'.' we were filed for the 1 mares 08-09 departure, which states climb to 4000' at mares and continue climb according to approach instructions. We flew the SID, but did not stop our climb at 4000'. We understood the tower's takeoff clearance and altitude to delete this 4000' altitude, so we continued our climb to 31000'. We were unaware of a problem until checking in with departure. We checked in climbing through approximately 10500' to maintain FL310. Departure acknowledged, then called us back about 5 mins later. They asked what our altitude was. We replied with the altitude and they said, 'you must not forget to maintain 4000' until we tell you to climb.' I believe this problem was caused by our misinterp this SID and our clearance. The unclear instructions on the SID and importantly, a language barrier.

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Original NASA ASRS Text

Title: ALT DEVIATOIN ALT EXCURSION ON SID.

Narrative: ON TAXI-OUT TO RWY 09 FOR DEP, WE RECEIVED OUR CLRNC FROM MAIQUETIA TWR. CLRED TO MIA AS FILED, CLB, MAINTAIN FL310 AND THE SQUAWK. AT THE END OF THE RWY WE WERE CLRED FOR TKOF: 'CLRED FOR TKOF RWY 09, CLB AND MAINTAIN FL31000'.' WE WERE FILED FOR THE 1 MARES 08-09 DEP, WHICH STATES CLB TO 4000' AT MARES AND CONTINUE CLB ACCORDING TO APCH INSTRUCTIONS. WE FLEW THE SID, BUT DID NOT STOP OUR CLB AT 4000'. WE UNDERSTOOD THE TWR'S TKOF CLRNC AND ALT TO DELETE THIS 4000' ALT, SO WE CONTINUED OUR CLB TO 31000'. WE WERE UNAWARE OF A PROB UNTIL CHKING IN WITH DEP. WE CHKED IN CLBING THROUGH APPROX 10500' TO MAINTAIN FL310. DEP ACKNOWLEDGED, THEN CALLED US BACK ABOUT 5 MINS LATER. THEY ASKED WHAT OUR ALT WAS. WE REPLIED WITH THE ALT AND THEY SAID, 'YOU MUST NOT FORGET TO MAINTAIN 4000' UNTIL WE TELL YOU TO CLB.' I BELIEVE THIS PROB WAS CAUSED BY OUR MISINTERP THIS SID AND OUR CLRNC. THE UNCLEAR INSTRUCTIONS ON THE SID AND IMPORTANTLY, A LANGUAGE BARRIER.

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.