Air carrier large transport non adherence to SID restriction departure sjc. Departure controller cleared aircraft direct sjc with crossing restriction at VOR, but did not restate SID restrictions.

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Attributes
ACN	91207
Time
Date	198807
Day	Fri
Local Time Of Day	1201 To 1800
Place
Locale Reference	airport : sjc
State Reference	CA
Altitude	msl bound lower : 5000 msl bound upper : 7000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : oak
Operator	common carrier : air carrier
Make Model Name	Heavy Transport, Low Wing, 4 Turbojet Eng
Flight Phase	climbout : intermediate altitude
Route In Use	departure sid : sid enroute : direct
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : instrument pilot : flight engineer pilot : commercial pilot : cfi pilot : atp
Experience	flight time last 90 days : 42 flight time total : 12000
ASRS Report	91207
Person 2
Affiliation	government : faa
Function	controller : departure
Qualification	controller : radar
Events
Anomaly	altitude deviation : excursion from assigned altitude non adherence : published procedure
Independent Detector	other controllera
Resolutory Action	none taken : anomaly accepted
Consequence	Other
Supplementary
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Deviation
Situations
ATC Facility	procedure or policy : unspecified

Narrative:

Clearance (on ground sjc) direct den via loupe 4 departure lin J84 as filed. M230 sq maintain 250 KTS. After takeoff started right turn (see enclosed loupe 4). While in turn cleared to turn and cross sjc VOR at 11000' this to me clears the 5000-6000' restrictions as they were not restated. (See enclosed paragraph from company flight manual.) as we were passing through 6500-7000' ATC called and asked if we were aware of the 5000-6000' restrictions. Of course we were, but believed they had been superceded by, 'climb so as to cross sjc VOR at 11000'.' this is a very regular occurrence at sjc. There are several variations of wording in the way these revised SID's are given to us at sjc. Also, the clearance to 230 after loupe 4 in the clearance west/O the words 'expect 230' leave some room for an incorrect interpretation. Perceptions and interpretations on this specific departure are many and varied. Most of us consider this one (loupe 4) one of the worst. Rarely do we get the exact, same direction each time.

Original NASA ASRS Text

Title: ACR LGT NON ADHERENCE TO SID RESTRICTION DEP SJC. DEP CTLR CLEARED ACFT DIRECT SJC WITH CROSSING RESTRICTION AT VOR, BUT DID NOT RESTATE SID RESTRICTIONS.

Narrative: CLRNC (ON GND SJC) DIRECT DEN VIA LOUPE 4 DEP LIN J84 AS FILED. M230 SQ MAINTAIN 250 KTS. AFTER TKOF STARTED RIGHT TURN (SEE ENCLOSED LOUPE 4). WHILE IN TURN CLRED TO TURN AND CROSS SJC VOR AT 11000' THIS TO ME CLRS THE 5000-6000' RESTRICTIONS AS THEY WERE NOT RESTATED. (SEE ENCLOSED PARAGRAPH FROM COMPANY FLT MANUAL.) AS WE WERE PASSING THROUGH 6500-7000' ATC CALLED AND ASKED IF WE WERE AWARE OF THE 5000-6000' RESTRICTIONS. OF COURSE WE WERE, BUT BELIEVED THEY HAD BEEN SUPERCEDED BY, 'CLB SO AS TO CROSS SJC VOR AT 11000'.' THIS IS A VERY REGULAR OCCURRENCE AT SJC. THERE ARE SEVERAL VARIATIONS OF WORDING IN THE WAY THESE REVISED SID'S ARE GIVEN TO US AT SJC. ALSO, THE CLRNC TO 230 AFTER LOUPE 4 IN THE CLRNC W/O THE WORDS 'EXPECT 230' LEAVE SOME ROOM FOR AN INCORRECT INTERPRETATION. PERCEPTIONS AND INTERPRETATIONS ON THIS SPECIFIC DEP ARE MANY AND VARIED. MOST OF US CONSIDER THIS ONE (LOUPE 4) ONE OF THE WORST. RARELY DO WE GET THE EXACT, SAME DIRECTION EACH TIME.

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.