Failed to comply with clearance to climb and maintain FL410.

Attributes
ACN	80307
Time
Date	198801
Day	Sun
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : pbi
State Reference	FL
Altitude	msl bound lower : 37000 msl bound upper : 37000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zjx
Operator	common carrier : air carrier
Make Model Name	Large Transport, Low Wing, 2 Turbojet Eng
Navigation In Use	Other Other
Flight Phase	cruise other
Route In Use	enroute : other oceanic enroute : atlantic enroute airway : g431
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 190 flight time total : 13500
ASRS Report	80307
Person 2
Function	flight crew : first officer
Qualification	pilot : instrument pilot : commercial
Events
Anomaly	altitude deviation : crossing restriction not met non adherence : clearance
Independent Detector	other controllera
Resolutory Action	controller : issued new clearance
Consequence	Other
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

This flight was sebnd on oceanic route G431. We had been in contact with jax center and our last assigned altitude was maintain FL370. Jax center ask if we could cross jesse intersection at FL410. We said that we could cross jesse at FL410. We were not clrd above FL370 (however the aftn did read jesse/M80 FL410). A few mins later we were clrd to HF en route frequency. Several mins later after reporting jesse at FL370, we were called on HF frequency to immediately climb to FL410. We then climbed to FL410 for rest of flight. No evasive action was required. As far as I know, no other aircraft was in our immediate vicinity. On numerous occasions we are clrd to a different altitude than that on our flight plan. But, usually the last altitude assigned prior to handoff is considered final unless a crossing restriction altitude is given. All should agree on a final altitude prior to handoff to HF.

Original NASA ASRS Text

Title: FAILED TO COMPLY WITH CLRNC TO CLIMB AND MAINTAIN FL410.

Narrative: THIS FLT WAS SEBND ON OCEANIC ROUTE G431. WE HAD BEEN IN CONTACT WITH JAX CENTER AND OUR LAST ASSIGNED ALT WAS MAINTAIN FL370. JAX CENTER ASK IF WE COULD CROSS JESSE INTXN AT FL410. WE SAID THAT WE COULD CROSS JESSE AT FL410. WE WERE NOT CLRD ABOVE FL370 (HOWEVER THE AFTN DID READ JESSE/M80 FL410). A FEW MINS LATER WE WERE CLRD TO HF ENRTE FREQ. SEVERAL MINS LATER AFTER REPORTING JESSE AT FL370, WE WERE CALLED ON HF FREQ TO IMMEDIATELY CLB TO FL410. WE THEN CLBED TO FL410 FOR REST OF FLT. NO EVASIVE ACTION WAS REQUIRED. AS FAR AS I KNOW, NO OTHER ACFT WAS IN OUR IMMEDIATE VICINITY. ON NUMEROUS OCCASIONS WE ARE CLRD TO A DIFFERENT ALT THAN THAT ON OUR FLT PLAN. BUT, USUALLY THE LAST ALT ASSIGNED PRIOR TO HANDOFF IS CONSIDERED FINAL UNLESS A XING RESTRICTION ALT IS GIVEN. ALL SHOULD AGREE ON A FINAL ALT PRIOR TO HANDOFF TO HF.

Data retrieved from NASA's ASRS site as of August 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.