Narrative:

Clearance out of sjc was loupe 4 departure. After initial runway 30L takeoff at 1800', flight was clrd to heading 120 degrees, at approximately 4000', approximately 10 DME from sjc. Flight was clrd at discretion to sjc and cross at 11000'. The aircraft initiated an approximately 45 degree right turn to sjc, after the turn toward sjc and at approximately 5000', 8 DME, the controller asked why the aircraft was proceeding dir to sjc and if it could make the 11000' restriction. The crew advised that it was proceeding dir to sjc as understood and at this heavy weight would not be able to cross the sjc VORTAC at 11000'. The controller then turned the aircraft to heading 090 degrees and then 180 degrees and a right turn later dir to sjc to meet the 11000' restriction. The controller's intent was to continue southeast so as to cross the sjc VORTAC at 11000' and not to make the turn dir to the VORTAC until this restriction could be made. There are 2 possible areas of confusion that need attention: sjc departure is used to medium large transport type X and medium large transport type Y and subsequent climb rates. The clearance issued most likely allows these type aircraft to proceed no further southeast than the initial heading 120 degrees and then dir to the sjc VORTAC to make the 11000' restriction. The widebody transport at higher gross weights (over 400000#) must proceed further southeast to make the 11000' restriction. Lost communication procedure (runway 12L and 12R) states at 4000' to turn dir to sjc to cross at 11000'. Although a runway 12 procedure, it is obvious that ATC is used to higher climb rates than that of a heavy widebody transport. In no way could a widebody transport at higher gross weights make this 11000' restriction. In summary, sjc departure must be aware of the limited climb capability on heavier widebody transport. All clrncs should allow a clearly understood southeasterly heading and a subsequent clearance to sjc VORTAC to cross at 11000'.

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Original NASA ASRS Text

Title: ACR WDB CLEARED PLT DISCRETION ON SID FROM SJC DIRECT VOR CROSS VOR AT 11000'. FLT CREW TURNED DIRECT BUT THEN ADVISED UNABLE CROSSING RESTRICTION. REPORTER BELIEVES DEP CTLR IN ERROR FOR NOT RESTRICTING THEIR TURN UNTIL CROSSING RESTRICTION COULD BE COMPLIED WITH.

Narrative: CLRNC OUT OF SJC WAS LOUPE 4 DEP. AFTER INITIAL RWY 30L TKOF AT 1800', FLT WAS CLRD TO HDG 120 DEGS, AT APPROX 4000', APPROX 10 DME FROM SJC. FLT WAS CLRD AT DISCRETION TO SJC AND CROSS AT 11000'. THE ACFT INITIATED AN APPROX 45 DEG RIGHT TURN TO SJC, AFTER THE TURN TOWARD SJC AND AT APPROX 5000', 8 DME, THE CTLR ASKED WHY THE ACFT WAS PROCEEDING DIR TO SJC AND IF IT COULD MAKE THE 11000' RESTRICTION. THE CREW ADVISED THAT IT WAS PROCEEDING DIR TO SJC AS UNDERSTOOD AND AT THIS HVY WT WOULD NOT BE ABLE TO CROSS THE SJC VORTAC AT 11000'. THE CTLR THEN TURNED THE ACFT TO HDG 090 DEGS AND THEN 180 DEGS AND A RIGHT TURN LATER DIR TO SJC TO MEET THE 11000' RESTRICTION. THE CTLR'S INTENT WAS TO CONTINUE SE SO AS TO CROSS THE SJC VORTAC AT 11000' AND NOT TO MAKE THE TURN DIR TO THE VORTAC UNTIL THIS RESTRICTION COULD BE MADE. THERE ARE 2 POSSIBLE AREAS OF CONFUSION THAT NEED ATTN: SJC DEP IS USED TO MLG TYPE X AND MLG TYPE Y AND SUBSEQUENT CLB RATES. THE CLRNC ISSUED MOST LIKELY ALLOWS THESE TYPE ACFT TO PROCEED NO FURTHER SE THAN THE INITIAL HDG 120 DEGS AND THEN DIR TO THE SJC VORTAC TO MAKE THE 11000' RESTRICTION. THE WDB AT HIGHER GROSS WTS (OVER 400000#) MUST PROCEED FURTHER SE TO MAKE THE 11000' RESTRICTION. LOST COM PROC (RWY 12L AND 12R) STATES AT 4000' TO TURN DIR TO SJC TO CROSS AT 11000'. ALTHOUGH A RWY 12 PROC, IT IS OBVIOUS THAT ATC IS USED TO HIGHER CLB RATES THAN THAT OF A HVY WDB. IN NO WAY COULD A WDB AT HIGHER GROSS WTS MAKE THIS 11000' RESTRICTION. IN SUMMARY, SJC DEP MUST BE AWARE OF THE LIMITED CLB CAPABILITY ON HEAVIER WDB. ALL CLRNCS SHOULD ALLOW A CLEARLY UNDERSTOOD SOUTHEASTERLY HDG AND A SUBSEQUENT CLRNC TO SJC VORTAC TO CROSS AT 11000'.

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.