B727 flight crew ignores crossing restr on departure from sjc.

Attributes
ACN	431898
Time
Date	199903
Day	Thu
Local Time Of Day	1801 To 2400
Place
Locale Reference	airport : sjc.airport
State Reference	CA
Altitude	msl bound lower : 12000 msl bound upper : 17000
Environment
Flight Conditions	VMC
Light	Night
Aircraft 1
Controlling Facilities	tracon : o90.tracon
Operator	common carrier : air carrier
Make Model Name	B727 Undifferentiated or Other Model
Operating Under FAR Part	Part 121
Navigation In Use	other vortac
Flight Phase	climbout : intermediate altitude
Route In Use	departure : noise abatement departure sid : loupe nine
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : atp pilot : flight engineer pilot : instrument pilot : multi engine
Experience	flight time last 90 days : 210 flight time total : 5000 flight time type : 170
ASRS Report	431898
Person 2
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Events
Anomaly	altitude deviation : crossing restriction not met non adherence : published procedure
Independent Detector	atc equipment other atc equipment : radar other controllera
Resolutory Action	none taken : detected after the fact
Supplementary
Problem Areas	Airspace Structure Flight Crew Human Performance ATC Human Performance
Primary Problem	Flight Crew Human Performance

Narrative:

The crew had just finished 6 hours 8 mins of charter flight into an unfamiliar airport, sjc. We had yet a 4 hour 30 min ferry from sjc to xyz late that evening. It was my leg. After takeoff, we were executing the loupe 9 departure procedure. During the climb, he cleared us to the sjc VOR and to join the departure procedure as published. Because the controller cleared us to 17000 ft, we ignored the crossing restr at sjc VOR at 12000 ft. Therefore, we continued our climb higher than 12000 ft prior to reaching sjc VOR. Later, the controller 'queried' us on the restr. There was no incident or conflict with any other aircraft. I believe the mistake resulted in a combination of being slightly fatigued, and confusion in the communication between the controller and the crew. Corrective action may have taken place on both sides due to the fact we were unfamiliar with the airport, and our call sign was unfamiliar to the controller. If the controller would have stated 'cross sjc VOR at 12000 ft then maintain 17000 ft,' there would have been no confusion. Second, it was part our responsibility to query ATC rather than assume during a confusing clearance.

Original NASA ASRS Text

Title: B727 FLC IGNORES XING RESTR ON DEP FROM SJC.

Narrative: THE CREW HAD JUST FINISHED 6 HRS 8 MINS OF CHARTER FLT INTO AN UNFAMILIAR ARPT, SJC. WE HAD YET A 4 HR 30 MIN FERRY FROM SJC TO XYZ LATE THAT EVENING. IT WAS MY LEG. AFTER TKOF, WE WERE EXECUTING THE LOUPE 9 DEP PROC. DURING THE CLB, HE CLRED US TO THE SJC VOR AND TO JOIN THE DEP PROC AS PUBLISHED. BECAUSE THE CTLR CLRED US TO 17000 FT, WE IGNORED THE XING RESTR AT SJC VOR AT 12000 FT. THEREFORE, WE CONTINUED OUR CLB HIGHER THAN 12000 FT PRIOR TO REACHING SJC VOR. LATER, THE CTLR 'QUERIED' US ON THE RESTR. THERE WAS NO INCIDENT OR CONFLICT WITH ANY OTHER ACFT. I BELIEVE THE MISTAKE RESULTED IN A COMBINATION OF BEING SLIGHTLY FATIGUED, AND CONFUSION IN THE COM BTWN THE CTLR AND THE CREW. CORRECTIVE ACTION MAY HAVE TAKEN PLACE ON BOTH SIDES DUE TO THE FACT WE WERE UNFAMILIAR WITH THE ARPT, AND OUR CALL SIGN WAS UNFAMILIAR TO THE CTLR. IF THE CTLR WOULD HAVE STATED 'CROSS SJC VOR AT 12000 FT THEN MAINTAIN 17000 FT,' THERE WOULD HAVE BEEN NO CONFUSION. SECOND, IT WAS PART OUR RESPONSIBILITY TO QUERY ATC RATHER THAN ASSUME DURING A CONFUSING CLRNC.

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.