Narrative:

During the loupe 9 departure leaving sjc and on the 120 degree heading, we were told to fly to sjc VOR and join the routing to dyblo, lin, etc. After turning to sjc VOR, I realized I was not going to cross the VOR at 12000 ft as prescribed in the departure. We notified the departure controller when we were finally able and then was told 'no problem.' I should have flown further southeast (120 degrees) to insure a greater distance to climb and cross sjc at 12000 ft. Or I should have refused the turn until we had the required distance.

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Original NASA ASRS Text

Title: ACR FLC UNABLE TO MAKE XING RESTR CLBING IN OAK AIRSPACE.

Narrative: DURING THE LOUPE 9 DEP LEAVING SJC AND ON THE 120 DEG HDG, WE WERE TOLD TO FLY TO SJC VOR AND JOIN THE ROUTING TO DYBLO, LIN, ETC. AFTER TURNING TO SJC VOR, I REALIZED I WAS NOT GOING TO CROSS THE VOR AT 12000 FT AS PRESCRIBED IN THE DEP. WE NOTIFIED THE DEP CTLR WHEN WE WERE FINALLY ABLE AND THEN WAS TOLD 'NO PROB.' I SHOULD HAVE FLOWN FURTHER SE (120 DEGS) TO INSURE A GREATER DISTANCE TO CLB AND CROSS SJC AT 12000 FT. OR I SHOULD HAVE REFUSED THE TURN UNTIL WE HAD THE REQUIRED DISTANCE.

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.