Crossing restr misunderstood and crew is 5000 ft above it when handed off to next controller.

Attributes
ACN	449536
Time
Date	199909
Day	Wed
Local Time Of Day	1201 To 1800
Place
Locale Reference	airport : sjc.airport
State Reference	CA
Altitude	msl bound lower : 12000 msl bound upper : 17000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zoa.artcc tracon : o90.tracon tower : sjc.tower tower : hou.tower
Operator	general aviation : corporate
Make Model Name	Beechjet 400
Operating Under FAR Part	Part 91
Navigation In Use	other
Flight Phase	climbout : intermediate altitude
Route In Use	departure sid : loupe 9
Flight Plan	IFR
Person 1
Affiliation	company : corporate
Function	flight crew : captain oversight : pic
Qualification	pilot : atp pilot : cfi pilot : multi engine
Experience	flight time last 90 days : 165 flight time total : 4800 flight time type : 165
ASRS Report	449536
Person 2
Affiliation	company : corporate
Function	flight crew : first officer
Qualification	pilot : commercial pilot : multi engine pilot : instrument
Events
Anomaly	altitude deviation : crossing restriction not met non adherence : published procedure non adherence : clearance
Independent Detector	other controllera
Resolutory Action	controller : issued new clearance
Supplementary
Problem Areas	Chart Or Publication Flight Crew Human Performance
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation Inter Facility Coordination Failure

Narrative:

We were switched over to departure control who instructed us to turn right to a 250 degree heading and when able to proceed to the sjc VOR and cross the VOR at 12000 ft or above and climb to FL230. At about the time we crossed the VOR we were instructed to contact ZOA. Upon contact with ZOA we had crossed the VOR and were at around 17000 ft. The ZOA controller asked what our clearance was to cross the sjc VOR. I told him 'proceed to the VOR and cross the VOR at above 12000 ft and climb to FL230.' he said that we were supposed to cross the VOR at 12000 ft and then climb to FL230. I must have misunderstood the controller and thought the clearance was to cross the VOR at above 12000 ft and climb to FL230. The ZOA controller then said that clearance is sometimes given, but not in this case. The actual printed SID does require you to cross the VOR at 12000 ft. If the controller wanted us to cross the VOR at 12000 ft why not say follow the published SID and then climb and maintain FL230. It seems that would have made more sense and would have cut down on any misunderstanding concerning crossing altitudes.

Original NASA ASRS Text

Title: XING RESTR MISUNDERSTOOD AND CREW IS 5000 FT ABOVE IT WHEN HANDED OFF TO NEXT CTLR.

Narrative: WE WERE SWITCHED OVER TO DEP CTL WHO INSTRUCTED US TO TURN R TO A 250 DEG HDG AND WHEN ABLE TO PROCEED TO THE SJC VOR AND CROSS THE VOR AT 12000 FT OR ABOVE AND CLB TO FL230. AT ABOUT THE TIME WE CROSSED THE VOR WE WERE INSTRUCTED TO CONTACT ZOA. UPON CONTACT WITH ZOA WE HAD CROSSED THE VOR AND WERE AT AROUND 17000 FT. THE ZOA CTLR ASKED WHAT OUR CLRNC WAS TO CROSS THE SJC VOR. I TOLD HIM 'PROCEED TO THE VOR AND CROSS THE VOR AT ABOVE 12000 FT AND CLB TO FL230.' HE SAID THAT WE WERE SUPPOSED TO CROSS THE VOR AT 12000 FT AND THEN CLB TO FL230. I MUST HAVE MISUNDERSTOOD THE CTLR AND THOUGHT THE CLRNC WAS TO CROSS THE VOR AT ABOVE 12000 FT AND CLB TO FL230. THE ZOA CTLR THEN SAID THAT CLRNC IS SOMETIMES GIVEN, BUT NOT IN THIS CASE. THE ACTUAL PRINTED SID DOES REQUIRE YOU TO CROSS THE VOR AT 12000 FT. IF THE CTLR WANTED US TO CROSS THE VOR AT 12000 FT WHY NOT SAY FOLLOW THE PUBLISHED SID AND THEN CLB AND MAINTAIN FL230. IT SEEMS THAT WOULD HAVE MADE MORE SENSE AND WOULD HAVE CUT DOWN ON ANY MISUNDERSTANDING CONCERNING XING ALTS.

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.