Narrative:

After takeoff from sjc airport, we were flying the loupe 9 departure. We completed the takeoff from runway 30L and turned to the 120 degree heading, leveling at 5000 ft. The controller told us to turn right, to proceed direct sjc VOR, cross the VOR at 12000 ft and resume the loupe 9 and then climb to FL230. This is where the confusion came in. The departure calls for an aircraft to cross sjc at 12000 ft. We understood the clearance to cross at or above 12000 ft and to resume the departure after crossing the VOR. The controller had us level at 13000 ft until crossing the VOR and then continue the climb (after we flew through 12000 ft). Apparently, he expected us to level at 12000 ft as per the departure. This is an extremely busy departure to fly and coupled with the phraseology used, makes it easy to make a mistake. I would like to see this departure simplified or at least the clrncs changed to emphasize the 12000 ft crossing restr. Callback conversation with reporter revealed the following information: first officer stated the same flight crew flew into sjc the following week. On departure, they were much more aware of the intricacies of the loupe SID. Whereas in their first encounter with the SID and the controller's phraseology, this time the controller was utilizing a much more strict form of clearance phraseology. Both pilots knew exactly what the controller expected of them. It was a couple of days later when again they flew into and out of sjc. In following instances, controller phraseology varied slightly. But since they had become more familiar with the SID, they flew the SID as published. The first officer was not sure if the SID could be further simplified, but thought the 12000 ft crossing restr note should be in some way more emphasized, maybe bolder print.

Related reports:

Google
 

Original NASA ASRS Text

Title: A320 FLC INCORRECTLY INTERPS TRACON DEP CTLR INSTRUCTIONS AND CLBS ABOVE LOUPE SID ALT XING RESTRS.

Narrative: AFTER TKOF FROM SJC ARPT, WE WERE FLYING THE LOUPE 9 DEP. WE COMPLETED THE TKOF FROM RWY 30L AND TURNED TO THE 120 DEG HDG, LEVELING AT 5000 FT. THE CTLR TOLD US TO TURN R, TO PROCEED DIRECT SJC VOR, CROSS THE VOR AT 12000 FT AND RESUME THE LOUPE 9 AND THEN CLB TO FL230. THIS IS WHERE THE CONFUSION CAME IN. THE DEP CALLS FOR AN ACFT TO CROSS SJC AT 12000 FT. WE UNDERSTOOD THE CLRNC TO CROSS AT OR ABOVE 12000 FT AND TO RESUME THE DEP AFTER XING THE VOR. THE CTLR HAD US LEVEL AT 13000 FT UNTIL XING THE VOR AND THEN CONTINUE THE CLB (AFTER WE FLEW THROUGH 12000 FT). APPARENTLY, HE EXPECTED US TO LEVEL AT 12000 FT AS PER THE DEP. THIS IS AN EXTREMELY BUSY DEP TO FLY AND COUPLED WITH THE PHRASEOLOGY USED, MAKES IT EASY TO MAKE A MISTAKE. I WOULD LIKE TO SEE THIS DEP SIMPLIFIED OR AT LEAST THE CLRNCS CHANGED TO EMPHASIZE THE 12000 FT XING RESTR. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: FO STATED THE SAME FLC FLEW INTO SJC THE FOLLOWING WK. ON DEP, THEY WERE MUCH MORE AWARE OF THE INTRICACIES OF THE LOUPE SID. WHEREAS IN THEIR FIRST ENCOUNTER WITH THE SID AND THE CTLR'S PHRASEOLOGY, THIS TIME THE CTLR WAS UTILIZING A MUCH MORE STRICT FORM OF CLRNC PHRASEOLOGY. BOTH PLTS KNEW EXACTLY WHAT THE CTLR EXPECTED OF THEM. IT WAS A COUPLE OF DAYS LATER WHEN AGAIN THEY FLEW INTO AND OUT OF SJC. IN FOLLOWING INSTANCES, CTLR PHRASEOLOGY VARIED SLIGHTLY. BUT SINCE THEY HAD BECOME MORE FAMILIAR WITH THE SID, THEY FLEW THE SID AS PUBLISHED. THE FO WAS NOT SURE IF THE SID COULD BE FURTHER SIMPLIFIED, BUT THOUGHT THE 12000 FT XING RESTR NOTE SHOULD BE IN SOME WAY MORE EMPHASIZED, MAYBE BOLDER PRINT.

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.