Date: 201405
Local time of day: 1201-1800
Location: NCT.TRACON, CA
Light: Daylight
Aircraft: Small Aircraft; Low Wing; 1 Eng; Retractable Gear
Operator: Personal
Operating under: Part 91
Flight plan: IFR
Flight phase: Climb
Airspace: Class B SFO
ATC / advisory: TRACON NCT
Second aircraft: Widebody; Low Wing; 2 Turbojet Eng
Reporter organization: Government
Reporter function: Departure
Reporter qualification: Air Traffic Control Fully Certified
Human factors: Confusion; Communication Breakdown; Training / Qualification
Anomaly: Conflict Airborne Conflict; Deviation - Altitude Excursion From Assigned Altitude; Deviation - Track / Heading All Types; Deviation / Discrepancy - Procedural Published Material / Policy
Detector: Person Air Traffic Control
When detected: In-flight
Result: Air Traffic Control Provided Assistance
Contributing factors: Human Factors
Primary problem: Human Factors

Narrative: SFO configuration was landing and departing [Runway] 28 with departures [on] either runway heading or Shoreline Departure. Aircraft X called up out of SQL VFR requesting to pick up IFR clearance to HIO. I radar identified Aircraft X with a local VFR code and then issued a 280 heading and climb to 6;500 FT. This allowed me to keep my SFO departures climbing as well as Aircraft X. After a coupe of departures climbed above Aircraft X I issued a VFR climb to 9;500 and advised the pilot to expect an IFR clearance in 7 miles. I then changed Aircraft X beacon code to a NAS code (squawk XYYX) and issued to proceed direct STINS since that's how he was filed. [An irrelevant aircraft]; a SFO departure; was issued a climb beneath Aircraft X. I issued Aircraft X IFR clearance. At the point I decided to issue the IFR clearance. I saw Aircraft X climbing through the issued altitude of 9;500; but didn't say anything because the initial IFR altitude in the clearance was going to be 10;000 FT. Pilot read back the route; but not the altitude of 10;000 FT. I then re-issued 10;000 and issued traffic. 12 o'clock and 4 miles was Aircraft Y at 11;000 FT. Pilot replied with; 'Looking...in sight...can we climb above to get above their wake turbulence?' (All [the] while still climbing past 10;000 FT and not reading back the 10;000 FT clearance). The highest I saw Aircraft X climb to was 10;600 FT right in front of Aircraft Y. I replied with; 'Negative! Maintain 10;000!'. After Aircraft X passed Aircraft Y; he didn't look like he was direct STINS so I queried the pilot. Aircraft X then asked me for the spelling for STINS. After that I noticed Aircraft X started to climb again when the pilot said that they were in VFR conditions and were requesting VFR on top direct to HIO. I said unable; but to proceed direct to ENI per ZOA's request. Pilot replied; 'Great; on top direct HIO.' I said; 'Negative! Maintain 10;000 direct ENI!' There was another IFR aircraft on the Golden Gate Arrival at 11;000.Only thing I could think of would be re-training for this pilot. He was not listening and was not concerned and aware of the consequences of his actions.




Synopsis: NCT Controller describes session where pilot does not listen to Controller and climbs to an altitude which is a conflict with other IFR traffic.