Narrative:

Had just reached FL350 and was given clearance to FL240, to cross 95 mi south of hyk VOR 'at or below FL280.' this occurred simultaneously with my need to visit the lavatory. We both realized that descent needed to begin right away and as I transferred control of the aircraft to the first officer he began the descent. I noted that the FMS indicated that we would be slightly 'long' (I had programmed the restr in the FMS 'legs page' prior to getting out of my seat) and pointed this out to the first officer, assuming that he would correct the descent profile accordingly. I went to the lavatory and returned a few mins later. As I sat down I heard center asking the first officer his distance from hyk VOR. He responded (correctly) 92 mi. ATC asked his altitude. He responded (correctly) FL295, which of course indicated that he had not 'made' the restr. No sense of 'urgency' was apparent in the first officer's voice, which surprised me somewhat. ATC, on the other hand, sounded a bit 'miffed.' I pointed out to the first officer (as I was 'strapping in' to my seat) that we had not made the assigned altitude restr, whereupon he responded that he thought the distance given in the original clearance was 90 mi south, not 95. Perhaps he thought I had programmed 95 (versus 90) to give us a 5 mi 'pad.' in any case, I felt that he had read back 95 when the clearance was first issued, so I had no reason to suspect he felt otherwise. I'm not really sure how this event might have been avoided. I do know that 'when you gotta go, you gotta go' and that I was absent from the cockpit for only a very short time. I truly felt that the first officer understood the restr, had seen that I had programmed it, and that he would have no trouble complying. I had even joked to him as I left to 'not violate us' while I was gone. (For what it's worth, this first officer was one of the 'better' guys I have flown with and I left the cockpit with complete confidence in him.) I guess it just proves that no pilot is immune to error.

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Original NASA ASRS Text

Title: ALT XING RESTR NOT MADE BY ACR MLG FLC.

Narrative: HAD JUST REACHED FL350 AND WAS GIVEN CLRNC TO FL240, TO CROSS 95 MI S OF HYK VOR 'AT OR BELOW FL280.' THIS OCCURRED SIMULTANEOUSLY WITH MY NEED TO VISIT THE LAVATORY. WE BOTH REALIZED THAT DSCNT NEEDED TO BEGIN RIGHT AWAY AND AS I TRANSFERRED CTL OF THE ACFT TO THE FO HE BEGAN THE DSCNT. I NOTED THAT THE FMS INDICATED THAT WE WOULD BE SLIGHTLY 'LONG' (I HAD PROGRAMMED THE RESTR IN THE FMS 'LEGS PAGE' PRIOR TO GETTING OUT OF MY SEAT) AND POINTED THIS OUT TO THE FO, ASSUMING THAT HE WOULD CORRECT THE DSCNT PROFILE ACCORDINGLY. I WENT TO THE LAVATORY AND RETURNED A FEW MINS LATER. AS I SAT DOWN I HEARD CTR ASKING THE FO HIS DISTANCE FROM HYK VOR. HE RESPONDED (CORRECTLY) 92 MI. ATC ASKED HIS ALT. HE RESPONDED (CORRECTLY) FL295, WHICH OF COURSE INDICATED THAT HE HAD NOT 'MADE' THE RESTR. NO SENSE OF 'URGENCY' WAS APPARENT IN THE FO'S VOICE, WHICH SURPRISED ME SOMEWHAT. ATC, ON THE OTHER HAND, SOUNDED A BIT 'MIFFED.' I POINTED OUT TO THE FO (AS I WAS 'STRAPPING IN' TO MY SEAT) THAT WE HAD NOT MADE THE ASSIGNED ALT RESTR, WHEREUPON HE RESPONDED THAT HE THOUGHT THE DISTANCE GIVEN IN THE ORIGINAL CLRNC WAS 90 MI S, NOT 95. PERHAPS HE THOUGHT I HAD PROGRAMMED 95 (VERSUS 90) TO GIVE US A 5 MI 'PAD.' IN ANY CASE, I FELT THAT HE HAD READ BACK 95 WHEN THE CLRNC WAS FIRST ISSUED, SO I HAD NO REASON TO SUSPECT HE FELT OTHERWISE. I'M NOT REALLY SURE HOW THIS EVENT MIGHT HAVE BEEN AVOIDED. I DO KNOW THAT 'WHEN YOU GOTTA GO, YOU GOTTA GO' AND THAT I WAS ABSENT FROM THE COCKPIT FOR ONLY A VERY SHORT TIME. I TRULY FELT THAT THE FO UNDERSTOOD THE RESTR, HAD SEEN THAT I HAD PROGRAMMED IT, AND THAT HE WOULD HAVE NO TROUBLE COMPLYING. I HAD EVEN JOKED TO HIM AS I LEFT TO 'NOT VIOLATE US' WHILE I WAS GONE. (FOR WHAT IT'S WORTH, THIS FO WAS ONE OF THE 'BETTER' GUYS I HAVE FLOWN WITH AND I LEFT THE COCKPIT WITH COMPLETE CONFIDENCE IN HIM.) I GUESS IT JUST PROVES THAT NO PLT IS IMMUNE TO ERROR.

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.