Narrative:

After rolling out on the 120 degree heading on the loupe nine, the controller told us to turn towards the VOR at our discretion as long as we could cross it at 12000 ft, and to climb and maintain some other altitude (can't remember it specifically). We interpreted this to mean cross sjc at or above 12000 ft, rather than at 12000 ft as specified in the SID. We were handed off approaching the VOR and crossed the VOR about 13000 ft. The new controller apparently had expected us to cross sjc at 12000 ft.

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Original NASA ASRS Text

Title: MLG FLC CLBS ABOVE XING RESTR ON SID. MISINTERPRETS FURTHER CLRNC FROM DEP CTL AS INDICATING AT OR ABOVE.

Narrative: AFTER ROLLING OUT ON THE 120 DEG HDG ON THE LOUPE NINE, THE CTLR TOLD US TO TURN TOWARDS THE VOR AT OUR DISCRETION AS LONG AS WE COULD CROSS IT AT 12000 FT, AND TO CLB AND MAINTAIN SOME OTHER ALT (CAN'T REMEMBER IT SPECIFICALLY). WE INTERPRETED THIS TO MEAN CROSS SJC AT OR ABOVE 12000 FT, RATHER THAN AT 12000 FT AS SPECIFIED IN THE SID. WE WERE HANDED OFF APCHING THE VOR AND CROSSED THE VOR ABOUT 13000 FT. THE NEW CTLR APPARENTLY HAD EXPECTED US TO CROSS SJC AT 12000 FT.

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.