Narrative:

Departing sjc runway 30L on loupe 9 SID, we were climbing on 120 degree heading. Departure control cleared us to 'turn right when we can and cross sjc VOR at 12000 ft MSL, resume SID and climb to FL230.' approaching 13000 ft prior to VOR, departure control instructed us to maintain 13000 ft. We had assumed the previous climb clearance to FL230 deleted the restr to cross sjc 'at' 12000 ft and we were cleared to cross at or above. To instruction 'maintain 13000 ft' leads us to believe we may have been wrong! The situation could have been prevented if we were more aware of the 12000 ft at sjc and asked for a clarification of clearance from departure. This was our first departure from sjc on the loupe departure.

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Original NASA ASRS Text

Title: FLC OF AN MLG OVERSHOT CLB RESTR ALT DURING SID DEP. ATC INTERVENED AND STOPPED THEIR CLB. RPTR BELIEVED THAT THE DEP CLRNC TO A HIGHER ALT HAD DELETED THE SID RESTRS.

Narrative: DEPARTING SJC RWY 30L ON LOUPE 9 SID, WE WERE CLBING ON 120 DEG HDG. DEP CTL CLRED US TO 'TURN R WHEN WE CAN AND CROSS SJC VOR AT 12000 FT MSL, RESUME SID AND CLB TO FL230.' APCHING 13000 FT PRIOR TO VOR, DEP CTL INSTRUCTED US TO MAINTAIN 13000 FT. WE HAD ASSUMED THE PREVIOUS CLB CLRNC TO FL230 DELETED THE RESTR TO CROSS SJC 'AT' 12000 FT AND WE WERE CLRED TO CROSS AT OR ABOVE. TO INSTRUCTION 'MAINTAIN 13000 FT' LEADS US TO BELIEVE WE MAY HAVE BEEN WRONG! THE SIT COULD HAVE BEEN PREVENTED IF WE WERE MORE AWARE OF THE 12000 FT AT SJC AND ASKED FOR A CLARIFICATION OF CLRNC FROM DEP. THIS WAS OUR FIRST DEP FROM SJC ON THE LOUPE DEP.

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.