<< >> NASA ASRS Report 450440, September 1999

An air taxi pilot was given an altitude restr to a VFR flight and climbed above the altitude on departure from phx.

Attributes
ACN	450440
Time
Date	199909
Day	Tue
Local Time Of Day	0601 To 1200
Place
Locale Reference	airport : phx.airport
State Reference	AZ
Altitude	msl single value : 9000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : p50.tracon
Operator	common carrier : air taxi
Make Model Name	Small Transport, Low Wing, 2 Turboprop Eng
Operating Under FAR Part	Part 135
Flight Phase	cruise : enroute altitude change
Route In Use	enroute : direct
Flight Plan	VFR
Aircraft 2
Controlling Facilities	tracon : p50.tracon
Operator	general aviation : personal
Make Model Name	Any Unknown or Unlisted Aircraft Manufacturer
Operating Under FAR Part	Part 91
Navigation In Use	other
Flight Phase	cruise : level
Route In Use	enroute : direct
Flight Plan	VFR
Person 1
Affiliation	company : air taxi
Function	flight crew : single pilot oversight : pic
Qualification	pilot : instrument pilot : commercial pilot : cfi pilot : atp pilot : multi engine
Experience	flight time last 90 days : 31 flight time total : 6490 flight time type : 437
ASRS Report	450440
Person 2
Affiliation	other
Function	flight crew : single pilot oversight : pic
Qualification	pilot : private
Events
Anomaly	conflict : airborne less severe non adherence : clearance
Independent Detector	other controllera
Resolutory Action	controller : issued new clearance
Miss Distance	horizontal : 6000 vertical : 1000
Supplementary
Problem Areas	Flight Crew Human Performance
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

I received clearance for a VFR departure out of class B airspace toward the southwest for a maintenance flight. After departure, I received clearance to maintain at or above 7500 ft, as I climbed through 9000 ft. The controller asked if I was still below 7500 ft and I responded that I wasn't. He gave me a TA, which I responded that I had in sight. He (the controller) told me that he wanted me at or below 7500 ft and gave me another traffic, which I had in sight. I asked the controller if he wanted me to descend below 7500 ft. He gave me a south heading and to continue climb to my requested 16500 ft. With this confusion, I feel that I should consider any altitude that I receive as a 'hard' altitude so as to avoid the same situation again.

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Original NASA ASRS Text

Title: AN AIR TAXI PLT WAS GIVEN AN ALT RESTR TO A VFR FLT AND CLBED ABOVE THE ALT ON DEP FROM PHX.

Narrative: I RECEIVED CLRNC FOR A VFR DEP OUT OF CLASS B AIRSPACE TOWARD THE SW FOR A MAINT FLT. AFTER DEP, I RECEIVED CLRNC TO MAINTAIN AT OR ABOVE 7500 FT, AS I CLBED THROUGH 9000 FT. THE CTLR ASKED IF I WAS STILL BELOW 7500 FT AND I RESPONDED THAT I WASN'T. HE GAVE ME A TA, WHICH I RESPONDED THAT I HAD IN SIGHT. HE (THE CTLR) TOLD ME THAT HE WANTED ME AT OR BELOW 7500 FT AND GAVE ME ANOTHER TFC, WHICH I HAD IN SIGHT. I ASKED THE CTLR IF HE WANTED ME TO DSND BELOW 7500 FT. HE GAVE ME A S HDG AND TO CONTINUE CLB TO MY REQUESTED 16500 FT. WITH THIS CONFUSION, I FEEL THAT I SHOULD CONSIDER ANY ALT THAT I RECEIVE AS A 'HARD' ALT SO AS TO AVOID THE SAME SIT AGAIN.

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.