Narrative:

We operate in and out of san jose on a regular basis so we are very familiar with the loupe nine SID, which we were given in our clearance. At this point we were planning to cross sjc VOR at 12000 ft as the SID instructs. We stated to center we were climbing to FL230 on our initial call up. The oakland controller answered our 'check on' and said 'amend the altitude, maintain 15000 ft.' upon hearing this I asked him to confirm he wanted us to climb unrestr now to 15000 ft, since he did not repeat the crossing restrs, when he amended our altitude. According to the aim 4-4-9(G), it says the controller must restate all crossing restrs that apply when the altitude to maintain, or route is amended. The controller responded, but was partially broken, but I thought he said 'affirmative,' meaning 'yes' climb now to 15000 ft. I called and asked him again to make sure. He said 'affirmative.' we then climbed to 15000 ft before reaching the VOR and then the same controller cleared us on up to FL230 before turning us over. I still became concerned about what we had done due to the fact that I have never been able to climb above 12000 ft before the VOR on this departure and the controller seemed to be irritated with us. Did we miss something or was it the fact that we asked twice? Could his affirmative been a negative? I doubt it since he never restated the 12000 ft crossing restr. I have talked to 3 other pilots who have had similar confusion with departure and center on this departure. They do not seem to have much patience when we have a question either. The aim says to query the controller any time there is a doubt. That's what we did. Maybe we were doing what he wanted and were able to do this since it was a weekend and traffic was very light? The next time I am in this situation, I will state the crossing restr that has been omitted when I query the controller rather than just ask if we can climb unrestr.

Google
 

Original NASA ASRS Text

Title: A LEAR 35 FLC RECEIVED A LOUPE 9 DEP FROM SJC WITH AN AMENDED CLB.

Narrative: WE OPERATE IN AND OUT OF SAN JOSE ON A REGULAR BASIS SO WE ARE VERY FAMILIAR WITH THE LOUPE NINE SID, WHICH WE WERE GIVEN IN OUR CLRNC. AT THIS POINT WE WERE PLANNING TO CROSS SJC VOR AT 12000 FT AS THE SID INSTRUCTS. WE STATED TO CTR WE WERE CLBING TO FL230 ON OUR INITIAL CALL UP. THE OAKLAND CTLR ANSWERED OUR 'CHK ON' AND SAID 'AMEND THE ALT, MAINTAIN 15000 FT.' UPON HEARING THIS I ASKED HIM TO CONFIRM HE WANTED US TO CLB UNRESTR NOW TO 15000 FT, SINCE HE DID NOT REPEAT THE XING RESTRS, WHEN HE AMENDED OUR ALT. ACCORDING TO THE AIM 4-4-9(G), IT SAYS THE CTLR MUST RESTATE ALL XING RESTRS THAT APPLY WHEN THE ALT TO MAINTAIN, OR RTE IS AMENDED. THE CTLR RESPONDED, BUT WAS PARTIALLY BROKEN, BUT I THOUGHT HE SAID 'AFFIRMATIVE,' MEANING 'YES' CLB NOW TO 15000 FT. I CALLED AND ASKED HIM AGAIN TO MAKE SURE. HE SAID 'AFFIRMATIVE.' WE THEN CLBED TO 15000 FT BEFORE REACHING THE VOR AND THEN THE SAME CTLR CLRED US ON UP TO FL230 BEFORE TURNING US OVER. I STILL BECAME CONCERNED ABOUT WHAT WE HAD DONE DUE TO THE FACT THAT I HAVE NEVER BEEN ABLE TO CLB ABOVE 12000 FT BEFORE THE VOR ON THIS DEP AND THE CTLR SEEMED TO BE IRRITATED WITH US. DID WE MISS SOMETHING OR WAS IT THE FACT THAT WE ASKED TWICE? COULD HIS AFFIRMATIVE BEEN A NEGATIVE? I DOUBT IT SINCE HE NEVER RESTATED THE 12000 FT XING RESTR. I HAVE TALKED TO 3 OTHER PLTS WHO HAVE HAD SIMILAR CONFUSION WITH DEP AND CTR ON THIS DEP. THEY DO NOT SEEM TO HAVE MUCH PATIENCE WHEN WE HAVE A QUESTION EITHER. THE AIM SAYS TO QUERY THE CTLR ANY TIME THERE IS A DOUBT. THAT'S WHAT WE DID. MAYBE WE WERE DOING WHAT HE WANTED AND WERE ABLE TO DO THIS SINCE IT WAS A WEEKEND AND TFC WAS VERY LIGHT? THE NEXT TIME I AM IN THIS SIT, I WILL STATE THE XING RESTR THAT HAS BEEN OMITTED WHEN I QUERY THE CTLR RATHER THAN JUST ASK IF WE CAN CLB UNRESTR.

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.