EMB145 first officer misinterprets discussion between the captain and ATC and climbs to FL260.

Attributes
ACN	532247
Time
Date	200112
Day	Sat
Local Time Of Day	0601 To 1200
Place
Locale Reference	intersection : sinde
State Reference	VA
Altitude	msl single value : 26000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zdc.artcc
Operator	common carrier : air carrier
Make Model Name	EMB ERJ 145 ER&LR
Operating Under FAR Part	Part 121
Navigation In Use	other
Flight Phase	cruise : level
Route In Use	enroute airway : j149.airway
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : multi engine pilot : atp
Experience	flight time last 90 days : 130 flight time total : 4900 flight time type : 700
ASRS Report	532247
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Events
Anomaly	altitude deviation : excursion from assigned altitude non adherence : clearance
Independent Detector	atc equipment other atc equipment : alt encoder other controllera
Resolutory Action	controller : issued new clearance
Supplementary
Problem Areas	Flight Crew Human Performance
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

Captain asked ATC if FL260 was available due to turbulence at FL240. Controller advised that FL260 was more turbulent, and asked if crew wanted a lower altitude instead. Captain stated that the current altitude (FL240) would be fine. Captain undertook paperwork. Approximately 2 mins later, ATC queried crew for altitude. Captain looked up and noticed aircraft was nearly level at FL260. Captain responded to ATC 'oh god, my first officer climbed to 26000 ft.' ATC responded 'that's ok. Do you want to stay there?' captain replied in the affirmative. Conversations between the captain and the foreign first officer with a history of trouble misinterpreting radio calls revealed that he heard a conversation about FL260, decided he needed to go there, then failed to exercise crew communication by climbing without confirming same with captain. No traffic conflicts were apparent.

Original NASA ASRS Text

Title: EMB145 FO MISINTERPRETS DISCUSSION BTWN THE CAPT AND ATC AND CLBS TO FL260.

Narrative: CAPT ASKED ATC IF FL260 WAS AVAILABLE DUE TO TURB AT FL240. CTLR ADVISED THAT FL260 WAS MORE TURBULENT, AND ASKED IF CREW WANTED A LOWER ALT INSTEAD. CAPT STATED THAT THE CURRENT ALT (FL240) WOULD BE FINE. CAPT UNDERTOOK PAPERWORK. APPROX 2 MINS LATER, ATC QUERIED CREW FOR ALT. CAPT LOOKED UP AND NOTICED ACFT WAS NEARLY LEVEL AT FL260. CAPT RESPONDED TO ATC 'OH GOD, MY FO CLBED TO 26000 FT.' ATC RESPONDED 'THAT'S OK. DO YOU WANT TO STAY THERE?' CAPT REPLIED IN THE AFFIRMATIVE. CONVERSATIONS BTWN THE CAPT AND THE FOREIGN FO WITH A HISTORY OF TROUBLE MISINTERPRETING RADIO CALLS REVEALED THAT HE HEARD A CONVERSATION ABOUT FL260, DECIDED HE NEEDED TO GO THERE, THEN FAILED TO EXERCISE CREW COM BY CLBING WITHOUT CONFIRMING SAME WITH CAPT. NO TFC CONFLICTS WERE APPARENT.

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.