Narrative:

This was my second trip with captain and I did not (and still don't) feel very comfortable with his performance in the cockpit. He has a tendency to just 'squeak by' on crossing restrictions. On our last trip together, he would appear to be unable to make the ATC assigned restrictions and I would ask him if he was going to make it and his reply was always 'no problem.' well, after a 6000-7000 FPM dive he would just make it. (Normal descent rate in the medium large transport is 2000-3000 FPM). So, after seeing this several times, I became accustomed to it. The night of this incident, captain had just returned from a short vacation and had been commuting to get to work all day. He was a little tired. It was his turn to fly the 'loupe' departure out of sjc bound for vancouver, back course. This departure requires that the pilot fly a downwind departure and then turn back over the VOR (airport) at his discretion and cross it at 12000 MSL. Captain began his turn too early and I asked him if he would make the crossing restriction. He said 'no problem.' well, then it became apparent that he wouldn't make it, so I told him that I would tell bay approach we were going to be a little low. He said no, and that he would be 'close enough.' we crossed the VOR at 11300 ft. After the flight we had a little talk and I told him I was uncomfortable with his flying, and that I would no longer hesitate to call ATC if it looked like a crossing restriction wouldn't be made, just as I should have done that night.

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Original NASA ASRS Text

Title: ACR ON SID FAILS TO MAKE XING RESTRICTION.

Narrative: THIS WAS MY SECOND TRIP WITH CAPT AND I DID NOT (AND STILL DON'T) FEEL VERY COMFORTABLE WITH HIS PERFORMANCE IN THE COCKPIT. HE HAS A TENDENCY TO JUST 'SQUEAK BY' ON XING RESTRICTIONS. ON OUR LAST TRIP TOGETHER, HE WOULD APPEAR TO BE UNABLE TO MAKE THE ATC ASSIGNED RESTRICTIONS AND I WOULD ASK HIM IF HE WAS GOING TO MAKE IT AND HIS REPLY WAS ALWAYS 'NO PROBLEM.' WELL, AFTER A 6000-7000 FPM DIVE HE WOULD JUST MAKE IT. (NORMAL DSCNT RATE IN THE MLG IS 2000-3000 FPM). SO, AFTER SEEING THIS SEVERAL TIMES, I BECAME ACCUSTOMED TO IT. THE NIGHT OF THIS INCIDENT, CAPT HAD JUST RETURNED FROM A SHORT VACATION AND HAD BEEN COMMUTING TO GET TO WORK ALL DAY. HE WAS A LITTLE TIRED. IT WAS HIS TURN TO FLY THE 'LOUPE' DEP OUT OF SJC BOUND FOR VANCOUVER, BC. THIS DEP REQUIRES THAT THE PLT FLY A DOWNWIND DEP AND THEN TURN BACK OVER THE VOR (ARPT) AT HIS DISCRETION AND CROSS IT AT 12000 MSL. CAPT BEGAN HIS TURN TOO EARLY AND I ASKED HIM IF HE WOULD MAKE THE XING RESTRICTION. HE SAID 'NO PROBLEM.' WELL, THEN IT BECAME APPARENT THAT HE WOULDN'T MAKE IT, SO I TOLD HIM THAT I WOULD TELL BAY APCH WE WERE GOING TO BE A LITTLE LOW. HE SAID NO, AND THAT HE WOULD BE 'CLOSE ENOUGH.' WE CROSSED THE VOR AT 11300 FT. AFTER THE FLT WE HAD A LITTLE TALK AND I TOLD HIM I WAS UNCOMFORTABLE WITH HIS FLYING, AND THAT I WOULD NO LONGER HESITATE TO CALL ATC IF IT LOOKED LIKE A XING RESTRICTION WOULDN'T BE MADE, JUST AS I SHOULD HAVE DONE THAT NIGHT.

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.