Narrative:

We were flying the loupe 8. Rbl out of sjc on a southerly heading (approximately 120 degrees) when bay approach said 'proceed direct sjc VOR, pass the VOR at or above 12000 ft, climb to FL230 and resume the SID.' as we turned back inbound to the sjc VOR and upon passing at 12700 MSL, the controller said we were supposed to cross the VORTAC at 12000 ft. He then instructed us to level at 13000 ft and we did. I asked if there was a problem with the situation and he replied 'I don't know yet.' after approximately 15 seconds he instructed us to cross the VORTAC at 13000 ft then climb and maintain FL230, contact ZOA on XXX.xx. When we checked in with ZOA, he told us to climb to FL230 when we were just south of the VORTAC. We did not see any aircraft visually nor any traffic on our TCASII at 20 NM range. I did not question the at/above altitude, since there appeared to be very little traffic north of our position.

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Original NASA ASRS Text

Title: FLC OF ACR MLG ACFT OVERSHOT CLB XING ALT DUE TO MISUNDERSTANDING OF CTLR'S INSTRUCTIONS.

Narrative: WE WERE FLYING THE LOUPE 8. RBL OUT OF SJC ON A SOUTHERLY HDG (APPROX 120 DEGS) WHEN BAY APCH SAID 'PROCEED DIRECT SJC VOR, PASS THE VOR AT OR ABOVE 12000 FT, CLB TO FL230 AND RESUME THE SID.' AS WE TURNED BACK INBOUND TO THE SJC VOR AND UPON PASSING AT 12700 MSL, THE CTLR SAID WE WERE SUPPOSED TO CROSS THE VORTAC AT 12000 FT. HE THEN INSTRUCTED US TO LEVEL AT 13000 FT AND WE DID. I ASKED IF THERE WAS A PROB WITH THE SIT AND HE REPLIED 'I DON'T KNOW YET.' AFTER APPROX 15 SECONDS HE INSTRUCTED US TO CROSS THE VORTAC AT 13000 FT THEN CLB AND MAINTAIN FL230, CONTACT ZOA ON XXX.XX. WHEN WE CHKED IN WITH ZOA, HE TOLD US TO CLB TO FL230 WHEN WE WERE JUST S OF THE VORTAC. WE DID NOT SEE ANY ACFT VISUALLY NOR ANY TFC ON OUR TCASII AT 20 NM RANGE. I DID NOT QUESTION THE AT/ABOVE ALT, SINCE THERE APPEARED TO BE VERY LITTLE TFC N OF OUR POS.

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.