Narrative:

Air carrier X, a B737, captain telephoned FSS and received IFR clearance to acy. He wrote it on a piece of paper other than the normal form we use. Altitude in clearance was maintain 3000 ft, expect 21000 ft in 10 mins. We took off before the void time, captain flying, and myself attempting to establish radio contact on the frequency he loaded into the radio, VHF communication #1. My first attempt was as we climbed through 2000 ft MSL. By the time I was on my third attempt, the captain was leveling 3000 ft. I stated that I would try another frequency, off the approach plate. At that time, he began to climb above 3000 ft. I objected but he continued anyway. I contacted ZDC from the approach plate frequency, they requested our altitude, I responded '8000 ft.' ZDC then stated that we were only cleared to 3000 ft. The captain then stated that we're in VFR conditions and we're unable to contact approach on the frequency given to us and that he is still climbing. ZDC then issued a clearance to FL210 (maybe it was FL230).

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Original NASA ASRS Text

Title: FO ALLEGES THAT ON A FLT FROM ILM TO ACY THE B737 PIC RECEIVED AN IFR CLRNC ON TELEPHONE FROM FSS WHICH INCLUDED MAINTAIN 3000 FT. AFTER DEP, FO HAD DIFFICULTY ESTABLISHING CONTACT WITH ATC BUT CAPT CONTINUED CLB THROUGH 3000 FT STATING THAT HE WAS IN VFR CONDITIONS.

Narrative: ACR X, A B737, CAPT TELEPHONED FSS AND RECEIVED IFR CLRNC TO ACY. HE WROTE IT ON A PIECE OF PAPER OTHER THAN THE NORMAL FORM WE USE. ALT IN CLRNC WAS MAINTAIN 3000 FT, EXPECT 21000 FT IN 10 MINS. WE TOOK OFF BEFORE THE VOID TIME, CAPT FLYING, AND MYSELF ATTEMPTING TO ESTABLISH RADIO CONTACT ON THE FREQ HE LOADED INTO THE RADIO, VHF COM #1. MY FIRST ATTEMPT WAS AS WE CLBED THROUGH 2000 FT MSL. BY THE TIME I WAS ON MY THIRD ATTEMPT, THE CAPT WAS LEVELING 3000 FT. I STATED THAT I WOULD TRY ANOTHER FREQ, OFF THE APCH PLATE. AT THAT TIME, HE BEGAN TO CLB ABOVE 3000 FT. I OBJECTED BUT HE CONTINUED ANYWAY. I CONTACTED ZDC FROM THE APCH PLATE FREQ, THEY REQUESTED OUR ALT, I RESPONDED '8000 FT.' ZDC THEN STATED THAT WE WERE ONLY CLRED TO 3000 FT. THE CAPT THEN STATED THAT WE'RE IN VFR CONDITIONS AND WE'RE UNABLE TO CONTACT APCH ON THE FREQ GIVEN TO US AND THAT HE IS STILL CLBING. ZDC THEN ISSUED A CLRNC TO FL210 (MAYBE IT WAS FL230).

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.