Small Transport; Low Wing; 2 Turboprop Eng
Flight Crew Flight Engineer; Flight Crew Air Transport Pilot (ATP); Flight Crew Flight Instructor; Flight Crew Multiengine; Flight Crew Instrument
Flight Crew Last 90 Days 120; Flight Crew Total 25000; Flight Crew Type 2000
Communication Breakdown; Confusion
ATC Issue All Types; Airspace Violation All Types; Deviation / Discrepancy - Procedural Clearance; Deviation / Discrepancy - Procedural Published Material / Policy; Deviation / Discrepancy - Procedural FAR
Flight Crew Requested ATC Assistance / Clarification
Airspace Structure; Procedure
I filed an IFR flight plan from SJC-ZZZ. SJC Tower mentioned prior to takeoff; that there was an extended delay for departure. A VFR departure was discussed with Tower as that would reduce the delay in departure. A new VFR clearance was issued; with a 5;000-foot altitude restriction (standard altitude for VFR departures in SJC). After takeoff we departed Runway 12R with a standard departure. After contacting; NorCal departure on 121.3; we verified our cleared altitude of 5;000 and were radar identified. NorCal then cleared us 'on course and approved climb to our VFR altitude;' which was unusual. I questioned the Controller; 'I wanted to confirm; we are cleared to 17;500 and not to stop at 5;000'? The Controller confirmed; 'yes you are cleared to 17;500.' This was unusual as I have flown out of SJC for 15 + years and usually the Class B airspace is restrictive. I followed the Controller's instructions per the AIM which states; pilots are to comply with ATC instructions. After handoff we once again confirmed climbing to 17;500. Upon climbing thru 8;800 (800 into the Class B airspace) the Controller questioned and asked if I had clearance into the Class B airspace; I answered; yes it was my understanding we were cleared. He gave me a number to call after landing which I complied. The Supervisor said he reviewed the ATC communications and acknowledged that I clearly was cleared to 17;500 and on at least 4 occasions I confirmed this clearance with the various NorCal controllers. He said; unless the Controller states 'cleared into the Class B airspace;' the Controller won't necessarily feel a Class B clearance was issued; but also acknowledged that I clearly questioned the clearance to 17;500 and I complied with the ATC clearance(s) per the AIM. No traffic conflict occurred or any TCAS events. I feel this difference in apparent phraseology; needs to be better stressed in either the AIM or other FAA transmittals.
Small transport Captain reported ATC issued an unrestricted VFR climb which penetrated Class B airspace.