Narrative:

On departing from miq clearance was given while taxiing out to runway 09. Clearance read, 'ATC clears company identify to mia, FL350, fpr, runway 09, squawk ceei.' while in takeoff position tower gave clearance to go: 'company identify cleared to depart, recon departure.' while climbing through 7000' departure control advised that we should be maintaining 4000'. We immediately reduced power, nosed over to descent to 4000'. Departure then said, 'you're cleared to FL350,' almost immediately. The recon departure has a 4000' restriction at 17 NM on 351 degree miq VOR. Since we were cleared to FL350 we understood the 4000' restriction to be cancelled. Apparently miq departure understood otherwise. On 3 other departures from this airport we have queried departure concerning this restriction and have in all instances said the restriction was negated. There is obviously confusion here concerning altitude clrncs. We understand that a clearance by ATC to climb to FL350 west/O any restating of a 400' restriction is a clearance to climb to FL350. This is a very dangerous situation involving 1 country's procedures and our own. Normally when a restriction is to remain in effect, an altitude clearance is given only to that restriction with an expected clearance to filed altitude later. This needs to be cleared up with miq ATC.

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Original NASA ASRS Text

Title: ACR LGT ALT DEVIATION OVERSHOT SID RESTRICTION ON DEP FROM MIQ A FOREIGN ARPT.

Narrative: ON DEPARTING FROM MIQ CLRNC WAS GIVEN WHILE TAXIING OUT TO RWY 09. CLRNC READ, 'ATC CLRS COMPANY IDENT TO MIA, FL350, FPR, RWY 09, SQUAWK CEEI.' WHILE IN TKOF POS TWR GAVE CLRNC TO GO: 'COMPANY IDENT CLRED TO DEPART, RECON DEP.' WHILE CLBING THROUGH 7000' DEP CTL ADVISED THAT WE SHOULD BE MAINTAINING 4000'. WE IMMEDIATELY REDUCED PWR, NOSED OVER TO DSNT TO 4000'. DEP THEN SAID, 'YOU'RE CLRED TO FL350,' ALMOST IMMEDIATELY. THE RECON DEP HAS A 4000' RESTRICTION AT 17 NM ON 351 DEG MIQ VOR. SINCE WE WERE CLRED TO FL350 WE UNDERSTOOD THE 4000' RESTRICTION TO BE CANCELLED. APPARENTLY MIQ DEP UNDERSTOOD OTHERWISE. ON 3 OTHER DEPS FROM THIS ARPT WE HAVE QUERIED DEP CONCERNING THIS RESTRICTION AND HAVE IN ALL INSTANCES SAID THE RESTRICTION WAS NEGATED. THERE IS OBVIOUSLY CONFUSION HERE CONCERNING ALT CLRNCS. WE UNDERSTAND THAT A CLRNC BY ATC TO CLB TO FL350 W/O ANY RESTATING OF A 400' RESTRICTION IS A CLRNC TO CLB TO FL350. THIS IS A VERY DANGEROUS SITUATION INVOLVING 1 COUNTRY'S PROCS AND OUR OWN. NORMALLY WHEN A RESTRICTION IS TO REMAIN IN EFFECT, AN ALT CLRNC IS GIVEN ONLY TO THAT RESTRICTION WITH AN EXPECTED CLRNC TO FILED ALT LATER. THIS NEEDS TO BE CLRED UP WITH MIQ ATC.

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.