Narrative:

This event occurred on departure at sjc. It was the first time either the captain or myself had flown out of sjc. Air carrier flight crew xx departed runway 30L at approximately XX45 local on aug/xa/98. We were cleared via the loupe 9 departure linden transition, which requires a right turn to 120 degrees and eventually another right turn back to sjc VOR to cross the VOR at 12000 ft. The departure has 2 crossing restrs: first, on the 120 degree heading, cross the sjc 047 degree radial at or below 5000 ft, and then to cross sjc at 12000 ft. The captain and I briefed the departure extensively prior to leaving the gate and again before takeoff. Also, in our company materials we briefed a note warning that clearance to climb above 5000 ft does not negate the requirement to adhere to the 'at or below 5000 ft ' restr at the 047 degree radial. While in the turn to 120 degrees we were given a TA and then cleared to climb to 12000 ft. Because of the warning in our company material we questioned the controller as to the need to meet the crossing restr at the sjc 047 degree radial and were reminded that clearance to climb to a new assigned altitude superseded any previous restrs. (This becomes a factor only inasmuch as we had it still in the back of our minds when we received the next clearance.) the captain then, as a precaution, rechked our company warning and found that it did indeed reference clearance by 'clearance delivery.' we were then cleared right turn direct sjc VOR to cross at 12000 ft, climb and maintain FL230. I had been told once by a company check pilot that this departure could be difficult, and that if you initiated a turn back to the VOR early you could put yourself in such a position that you could not make the climb to 12000 ft by the time you reached the VOR. The captain and I had discussed this also and as we were at about 7000 ft we elected to delay our turn a few seconds. In the turn the captain questioned departure control as to our final cleared altitude and the controller repeated the entire clearance. We set FL230 in the altitude alert. Our initial clearance had a 'maintain 250 KTS until further notice' restr, and leaving 10000 ft, I confirmed this with the captain. It became apparent that reaching 12000 ft prior to crossing the VOR was not going to be a problem. Our climb rate would normally have been reduced at this point to accelerate out of 10000 ft, which perhaps would have reminded us that we needed to cross sjc at 12000 ft not 'at or above' 12000 ft. As it happened we were now concentrating on maintaining 250 KTS and the altitude set in the altitude alert, FL230. As a result, we deviated from our assigned altitude of 12000 ft approximately 2-3 mi prior to crossing the VOR, subsequently crossing at between 14000-15000 ft. Upon crossing sjc, bay departure reminded us that we were supposed to have crossed at 12000 ft and handed us off to ZOA. In retrospect it is apparent that leaving 12000 ft set in the altitude alert until passing sjc would have resulted in our crossing at the correct altitude. Supplemental information from acn 412380: the loupe 9 departure from sjc is very busy and complicated. Our company printed a caution that 'altitudes issued by clearance delivery do not negate the at or below 5000 ft restr at sjc 047 degree radial.' unfortunately, in their printing, they made everything bold face except clearance delivery. Also contributing to our mindset, the first officer's instructor had cautioned him about the sjc departure and he relayed the following 2 points in our predep briefing: 1) the caution about the mandatory 5000 ft or below at sjc 047 degree radial. 2) departure will frequently clear you to turn back to sjc before you have the climb capability to make sjc at 12000 ft. During the early part of the SID, before the 047 degree radial, we had a TA. The traffic was on TCASII and so we were looking out for it. Before the 047 degree radial, we were cleared to 12000 ft. I was unsure of our requirement to be 5000 ft or below at sjc 047 degree radial, so I asked. The controller's response was 'an altitude clearance given deletes future altitude requirements on the SID.'

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Original NASA ASRS Text

Title: LGT CREW VIOLATED THE 'CROSS SJC AT 12000 FT' ON THE LOUPE 9 SID OUT OF SJC.

Narrative: THIS EVENT OCCURRED ON DEP AT SJC. IT WAS THE FIRST TIME EITHER THE CAPT OR MYSELF HAD FLOWN OUT OF SJC. ACR FLC XX DEPARTED RWY 30L AT APPROX XX45 LCL ON AUG/XA/98. WE WERE CLRED VIA THE LOUPE 9 DEP LINDEN TRANSITION, WHICH REQUIRES A R TURN TO 120 DEGS AND EVENTUALLY ANOTHER R TURN BACK TO SJC VOR TO CROSS THE VOR AT 12000 FT. THE DEP HAS 2 XING RESTRS: FIRST, ON THE 120 DEG HDG, CROSS THE SJC 047 DEG RADIAL AT OR BELOW 5000 FT, AND THEN TO CROSS SJC AT 12000 FT. THE CAPT AND I BRIEFED THE DEP EXTENSIVELY PRIOR TO LEAVING THE GATE AND AGAIN BEFORE TKOF. ALSO, IN OUR COMPANY MATERIALS WE BRIEFED A NOTE WARNING THAT CLRNC TO CLB ABOVE 5000 FT DOES NOT NEGATE THE REQUIREMENT TO ADHERE TO THE 'AT OR BELOW 5000 FT ' RESTR AT THE 047 DEG RADIAL. WHILE IN THE TURN TO 120 DEGS WE WERE GIVEN A TA AND THEN CLRED TO CLB TO 12000 FT. BECAUSE OF THE WARNING IN OUR COMPANY MATERIAL WE QUESTIONED THE CTLR AS TO THE NEED TO MEET THE XING RESTR AT THE SJC 047 DEG RADIAL AND WERE REMINDED THAT CLRNC TO CLB TO A NEW ASSIGNED ALT SUPERSEDED ANY PREVIOUS RESTRS. (THIS BECOMES A FACTOR ONLY INASMUCH AS WE HAD IT STILL IN THE BACK OF OUR MINDS WHEN WE RECEIVED THE NEXT CLRNC.) THE CAPT THEN, AS A PRECAUTION, RECHKED OUR COMPANY WARNING AND FOUND THAT IT DID INDEED REF CLRNC BY 'CLRNC DELIVERY.' WE WERE THEN CLRED R TURN DIRECT SJC VOR TO CROSS AT 12000 FT, CLB AND MAINTAIN FL230. I HAD BEEN TOLD ONCE BY A COMPANY CHK PLT THAT THIS DEP COULD BE DIFFICULT, AND THAT IF YOU INITIATED A TURN BACK TO THE VOR EARLY YOU COULD PUT YOURSELF IN SUCH A POS THAT YOU COULD NOT MAKE THE CLB TO 12000 FT BY THE TIME YOU REACHED THE VOR. THE CAPT AND I HAD DISCUSSED THIS ALSO AND AS WE WERE AT ABOUT 7000 FT WE ELECTED TO DELAY OUR TURN A FEW SECONDS. IN THE TURN THE CAPT QUESTIONED DEP CTL AS TO OUR FINAL CLRED ALT AND THE CTLR REPEATED THE ENTIRE CLRNC. WE SET FL230 IN THE ALT ALERT. OUR INITIAL CLRNC HAD A 'MAINTAIN 250 KTS UNTIL FURTHER NOTICE' RESTR, AND LEAVING 10000 FT, I CONFIRMED THIS WITH THE CAPT. IT BECAME APPARENT THAT REACHING 12000 FT PRIOR TO XING THE VOR WAS NOT GOING TO BE A PROB. OUR CLB RATE WOULD NORMALLY HAVE BEEN REDUCED AT THIS POINT TO ACCELERATE OUT OF 10000 FT, WHICH PERHAPS WOULD HAVE REMINDED US THAT WE NEEDED TO CROSS SJC AT 12000 FT NOT 'AT OR ABOVE' 12000 FT. AS IT HAPPENED WE WERE NOW CONCENTRATING ON MAINTAINING 250 KTS AND THE ALT SET IN THE ALT ALERT, FL230. AS A RESULT, WE DEVIATED FROM OUR ASSIGNED ALT OF 12000 FT APPROX 2-3 MI PRIOR TO XING THE VOR, SUBSEQUENTLY XING AT BTWN 14000-15000 FT. UPON XING SJC, BAY DEP REMINDED US THAT WE WERE SUPPOSED TO HAVE CROSSED AT 12000 FT AND HANDED US OFF TO ZOA. IN RETROSPECT IT IS APPARENT THAT LEAVING 12000 FT SET IN THE ALT ALERT UNTIL PASSING SJC WOULD HAVE RESULTED IN OUR XING AT THE CORRECT ALT. SUPPLEMENTAL INFO FROM ACN 412380: THE LOUPE 9 DEP FROM SJC IS VERY BUSY AND COMPLICATED. OUR COMPANY PRINTED A CAUTION THAT 'ALTS ISSUED BY CLRNC DELIVERY DO NOT NEGATE THE AT OR BELOW 5000 FT RESTR AT SJC 047 DEG RADIAL.' UNFORTUNATELY, IN THEIR PRINTING, THEY MADE EVERYTHING BOLD FACE EXCEPT CLRNC DELIVERY. ALSO CONTRIBUTING TO OUR MINDSET, THE FO'S INSTRUCTOR HAD CAUTIONED HIM ABOUT THE SJC DEP AND HE RELAYED THE FOLLOWING 2 POINTS IN OUR PREDEP BRIEFING: 1) THE CAUTION ABOUT THE MANDATORY 5000 FT OR BELOW AT SJC 047 DEG RADIAL. 2) DEP WILL FREQUENTLY CLR YOU TO TURN BACK TO SJC BEFORE YOU HAVE THE CLB CAPABILITY TO MAKE SJC AT 12000 FT. DURING THE EARLY PART OF THE SID, BEFORE THE 047 DEG RADIAL, WE HAD A TA. THE TFC WAS ON TCASII AND SO WE WERE LOOKING OUT FOR IT. BEFORE THE 047 DEG RADIAL, WE WERE CLRED TO 12000 FT. I WAS UNSURE OF OUR REQUIREMENT TO BE 5000 FT OR BELOW AT SJC 047 DEG RADIAL, SO I ASKED. THE CTLR'S RESPONSE WAS 'AN ALT CLRNC GIVEN DELETES FUTURE ALT REQUIREMENTS ON THE SID.'

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.