Narrative:

Cleared by clearance delivery via sfo 3 SID for vectors to linden VOR, then fpr. Maintain FL230. First officer copied clearance, I heard it, and heard him read it back also. On taxi out, briefed crew on departure routing and altitude and speed restriction above 10000'. After departure tower handed us off to departure control. First officer called departure and advised them we were climbing to FL230. They advised us that at 8 DME we were cleared direct to linden VOR. At 8 DME I commenced a right turn to proceed direct to linden. A few mins later ATC called out traffic at 9 or 10 O'clock at 11000' MSL. I've forgotten the distance of the traffic, but it was something like 2 or 3 mi, sebnd. Since we were in VMC, I immediately spotted the traffic. At this point we were out of 9500' MSL, and I realized there was a conflict that ATC wasn't aware of. I had the first officer call ATC and ask them if he wanted us to level off at 10000'. He said we'd only been cleared to 10000'. We advised him that we'd level off at 10000', but that we'd been cleared to FL230. He responded that departure control should have only cleared us to 10000'. First officer, second officer and I discussed this occurrence for several mins, and we all came to the same conclusion: we had never been given a restriction on our original clearance to FL230 and never acknowledged or read back any such clearance. It goes west/O saying, there was a breakdown in communications somewhere. Arrs from the northwest are talking to center or bay approach. Departures (for eastbound flts, which would normally depart runway 1R and pose no threat) were using runway 28R because of runway 1R runway closure, and were talking to bay departure, or center on different frequencys, and crossing arrival paths at higher than normal altitudes. Somewhere the system broke down.

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Original NASA ASRS Text

Title: ACR HVT CLEARED TO CLIMB THROUGH OCCUPIED ALT. OPERATIONAL DEVIATION.

Narrative: CLRED BY CLRNC DELIVERY VIA SFO 3 SID FOR VECTORS TO LINDEN VOR, THEN FPR. MAINTAIN FL230. F/O COPIED CLRNC, I HEARD IT, AND HEARD HIM READ IT BACK ALSO. ON TAXI OUT, BRIEFED CREW ON DEP ROUTING AND ALT AND SPD RESTRICTION ABOVE 10000'. AFTER DEP TWR HANDED US OFF TO DEP CTL. F/O CALLED DEP AND ADVISED THEM WE WERE CLBING TO FL230. THEY ADVISED US THAT AT 8 DME WE WERE CLRED DIRECT TO LINDEN VOR. AT 8 DME I COMMENCED A RIGHT TURN TO PROCEED DIRECT TO LINDEN. A FEW MINS LATER ATC CALLED OUT TFC AT 9 OR 10 O'CLOCK AT 11000' MSL. I'VE FORGOTTEN THE DISTANCE OF THE TFC, BUT IT WAS SOMETHING LIKE 2 OR 3 MI, SEBND. SINCE WE WERE IN VMC, I IMMEDIATELY SPOTTED THE TFC. AT THIS POINT WE WERE OUT OF 9500' MSL, AND I REALIZED THERE WAS A CONFLICT THAT ATC WASN'T AWARE OF. I HAD THE F/O CALL ATC AND ASK THEM IF HE WANTED US TO LEVEL OFF AT 10000'. HE SAID WE'D ONLY BEEN CLRED TO 10000'. WE ADVISED HIM THAT WE'D LEVEL OFF AT 10000', BUT THAT WE'D BEEN CLRED TO FL230. HE RESPONDED THAT DEP CTL SHOULD HAVE ONLY CLRED US TO 10000'. F/O, S/O AND I DISCUSSED THIS OCCURRENCE FOR SEVERAL MINS, AND WE ALL CAME TO THE SAME CONCLUSION: WE HAD NEVER BEEN GIVEN A RESTRICTION ON OUR ORIGINAL CLRNC TO FL230 AND NEVER ACKNOWLEDGED OR READ BACK ANY SUCH CLRNC. IT GOES W/O SAYING, THERE WAS A BREAKDOWN IN COMS SOMEWHERE. ARRS FROM THE NW ARE TALKING TO CENTER OR BAY APCH. DEPS (FOR EBND FLTS, WHICH WOULD NORMALLY DEPART RWY 1R AND POSE NO THREAT) WERE USING RWY 28R BECAUSE OF RWY 1R RWY CLOSURE, AND WERE TALKING TO BAY DEP, OR CENTER ON DIFFERENT FREQS, AND XING ARR PATHS AT HIGHER THAN NORMAL ALTS. SOMEWHERE THE SYS BROKE DOWN.

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.