Narrative:

Controller was doing some sort of training, occasionally his trainer would come on frequency with instructions, but ATC was doing a fairly good job. Aircraft ahead was pestering ATC for lower as they said they would not be able to make sharr at 10000 ft otherwise. We were at 13000 ft MSL over wraps in trail. Our latest recurrent home-study had a section on ATC clrncs and how the crew should evaluate the clearance before acknowledging and accepting, as reading it back means it is accepted. I should have communicated to the PNF that if ATC gave us a clearance to cross sharr at 10000 ft and we were already past mamie (ie, inside 10 NM), that he should say 'unable,' and let them figure out something else. However, I did not convey this either, intending to tell him to say 'unable' when we actually received the clearance. Sure enough, ATC gave us the sharr crossing restr over manteca VOR, only 5 NM and there was no way we could do it. I was waving my hand, shaking my head vigorously, and saying, 'no, we can't make it,' doing practically everything except clamping my hand over the PNF's mouth, while he dutifully read back the clearance! It is such a habit pattern to respond immediately to ATC and then try to comply. We get the cart before the horse sometimes. I immediately started to descend, pull out full speed brakes and told the PNF to tell ATC that we could not make the crossing restr. He made the first call, but of course, the transmission was blocked, then ATC made another transmission, and by the time the PNF got out a second call to tell ATC, we were almost over sharr and about 1000 ft high. The ATC trainer responded to our call by saying, 'oh, I thought you said you had it. Just do your best.' we leveled at 10000 ft approximately 1 NM past the fix. There was no apparent conflict with any other traffic and we didn't see anything on TCASII. There was a basic breakdown in communications not only between the crew, but between us and ATC. I should have caught the warning flags: ATC training, and the aircraft ahead of us having the same crossing restr situation. I should have clearly told the PNF to reject the clearance if not received by mamie instead of relying on telling him once we actually received it, or told him to ask for lower, but I didn't want to pester ATC either. I'll just have to chalk this one up to learning and make sure I communicate my thoughts more clearly and in a timely fashion.

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Original NASA ASRS Text

Title: FLT CREW OF B767 UNABLE TO COMPLY WITH ALT XING AT SHARR ON MADWIN ARR TO OAK. LATE CLRNC FROM NCT TRAINING CTLR MADE COMPLIANCE IMPOSSIBLE. FLT CREW FAILED TO COORDINATE THEIR CONCERNS WITH EACH OTHER AND WITH ATC.

Narrative: CTLR WAS DOING SOME SORT OF TRAINING, OCCASIONALLY HIS TRAINER WOULD COME ON FREQ WITH INSTRUCTIONS, BUT ATC WAS DOING A FAIRLY GOOD JOB. ACFT AHEAD WAS PESTERING ATC FOR LOWER AS THEY SAID THEY WOULD NOT BE ABLE TO MAKE SHARR AT 10000 FT OTHERWISE. WE WERE AT 13000 FT MSL OVER WRAPS IN TRAIL. OUR LATEST RECURRENT HOME-STUDY HAD A SECTION ON ATC CLRNCS AND HOW THE CREW SHOULD EVALUATE THE CLRNC BEFORE ACKNOWLEDGING AND ACCEPTING, AS READING IT BACK MEANS IT IS ACCEPTED. I SHOULD HAVE COMMUNICATED TO THE PNF THAT IF ATC GAVE US A CLRNC TO CROSS SHARR AT 10000 FT AND WE WERE ALREADY PAST MAMIE (IE, INSIDE 10 NM), THAT HE SHOULD SAY 'UNABLE,' AND LET THEM FIGURE OUT SOMETHING ELSE. HOWEVER, I DID NOT CONVEY THIS EITHER, INTENDING TO TELL HIM TO SAY 'UNABLE' WHEN WE ACTUALLY RECEIVED THE CLRNC. SURE ENOUGH, ATC GAVE US THE SHARR XING RESTR OVER MANTECA VOR, ONLY 5 NM AND THERE WAS NO WAY WE COULD DO IT. I WAS WAVING MY HAND, SHAKING MY HEAD VIGOROUSLY, AND SAYING, 'NO, WE CAN'T MAKE IT,' DOING PRACTICALLY EVERYTHING EXCEPT CLAMPING MY HAND OVER THE PNF'S MOUTH, WHILE HE DUTIFULLY READ BACK THE CLRNC! IT IS SUCH A HABIT PATTERN TO RESPOND IMMEDIATELY TO ATC AND THEN TRY TO COMPLY. WE GET THE CART BEFORE THE HORSE SOMETIMES. I IMMEDIATELY STARTED TO DSND, PULL OUT FULL SPD BRAKES AND TOLD THE PNF TO TELL ATC THAT WE COULD NOT MAKE THE XING RESTR. HE MADE THE FIRST CALL, BUT OF COURSE, THE XMISSION WAS BLOCKED, THEN ATC MADE ANOTHER XMISSION, AND BY THE TIME THE PNF GOT OUT A SECOND CALL TO TELL ATC, WE WERE ALMOST OVER SHARR AND ABOUT 1000 FT HIGH. THE ATC TRAINER RESPONDED TO OUR CALL BY SAYING, 'OH, I THOUGHT YOU SAID YOU HAD IT. JUST DO YOUR BEST.' WE LEVELED AT 10000 FT APPROX 1 NM PAST THE FIX. THERE WAS NO APPARENT CONFLICT WITH ANY OTHER TFC AND WE DIDN'T SEE ANYTHING ON TCASII. THERE WAS A BASIC BREAKDOWN IN COMS NOT ONLY BTWN THE CREW, BUT BTWN US AND ATC. I SHOULD HAVE CAUGHT THE WARNING FLAGS: ATC TRAINING, AND THE ACFT AHEAD OF US HAVING THE SAME XING RESTR SIT. I SHOULD HAVE CLRLY TOLD THE PNF TO REJECT THE CLRNC IF NOT RECEIVED BY MAMIE INSTEAD OF RELYING ON TELLING HIM ONCE WE ACTUALLY RECEIVED IT, OR TOLD HIM TO ASK FOR LOWER, BUT I DIDN'T WANT TO PESTER ATC EITHER. I'LL JUST HAVE TO CHALK THIS ONE UP TO LEARNING AND MAKE SURE I COMMUNICATE MY THOUGHTS MORE CLRLY AND IN A TIMELY FASHION.

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.