Larry,
Here's the answer (or at least part of it).
>From FAR Part 1, Definitions: VFR over-the-top, with respect to the
operation of aircraft, means the operation of an aircraft over-the-top under
VFR when it is not being operated on an IFR flight plan.
>From the AIM:
4-4-7. IFR Clearance VFR-on-top
a. A pilot on an IFR flight plan operating in VFR weather conditions,
may request VFR-on-top in lieu of an assigned altitude. This permits a pilot
to select an altitude or flight level of their choice (subject to any ATC
restrictions.)
b. Pilots desiring to climb through a cloud, haze, smoke, or other
meteorological formation and then either cancel their IFR flight plan or
operate VFR-on-top may request a climb to VFR-on-top. The ATC authorization
shall contain either a top report or a statement that no top report is
available, and a request to report reaching VFR-on-top. Additionally, the
ATC authorization may contain a clearance limit, routing and an alternative
clearance if VFR-on-top is not reached by a specified altitude.
c. A pilot on an IFR flight plan, operating in VFR conditions, may
request to climb/descend in VFR conditions.
d. ATC may not authorize VFR-on-top/VFR conditions operations unless
the pilot requests the VFR operation or a clearance to operate in VFR
conditions will result in noise abatement benefits where part of the IFR
departure route does not conform to an FAA approved noise abatement route or
altitude.
e. When operating in VFR conditions with an ATC authorization to
"maintain VFR-on-top/maintain VFR conditions" pilots on IFR flight plans
must:
1. Fly at the appropriate VFR altitude as prescribed in 14 CFR Section
91.159.
2. Comply with the VFR visibility and distance from cloud criteria in
14 CFR Section 91.155 (Basic VFR Weather Minimums).
3. Comply with instrument flight rules that are applicable to this
flight; i.e., minimum IFR altitudes, position reporting, radio
communications, course to be flown, adherence to ATC clearance, etc.
NOTE-
Pilots should advise ATC prior to any altitude change to insure the
exchange of accurate traffic information.
f. ATC authorization to "maintain VFR-on-top" is not intended to
restrict pilots so that they must operate only above an obscuring
meteorological formation (layer). Instead, it permits operation above,
below, between layers, or in areas where there is no meteorological
obscuration. It is imperative, however, that pilots understand that
clearance to operate "VFR-on-top/VFR conditions" does not imply cancellation
of the IFR flight plan.
g. Pilots operating VFR-on-top/VFR conditions may receive traffic
information from ATC on other pertinent IFR or VFR aircraft. However,
aircraft operating in Class B airspace/TRSAs shall be separated as required
by FAA Order 7110.65, Air Traffic Control.
NOTE-
When operating in VFR weather conditions, it is the pilot's
responsibility to be vigilant so as to see-and-avoid other aircraft.
h. ATC will not authorize VFR or VFR-on-top operations in Class A
airspace.
5-5-13. VFR-on-top
a. Pilot.
1. This clearance must be requested by the pilot on an IFR flight plan, and
if approved, allows the pilot the choice (subject to any ATC restrictions)
to select an altitude or flight level in lieu of an assigned altitude.
NOTE-
VFR-on-top is not permitted in certain airspace areas, such as Class A
airspace, certain restricted areas, etc. Consequently, IFR flights operating
VFR-on-top will avoid such airspace.
Ken Jones, kenbjo...@cinci.rr.com
Sharonville, OH
N5834, aka The Porkopolis Flying Pig, KR-2
EAA Chapter 974 - KHAO
----- Original Message -----
From: "Larry&Sallie Flesner" <fles...@verizon.net>
To: "KRnet" <kr...@mylist.net>
Sent: Thursday, December 07, 2006 5:34 PM
Subject: KR> VFR on top / over the top
> At 10:29 AM 12/7/2006, you wrote:
>>And closed-circuit note to Mark Langford: watch your terminology on
>>the flight with Larry. "VFR on top" is not the same thing as "VFR
>>over the top". The latter is a nifty and useful x-c travel tool for
>>non-instrument rated pilots, while the former is an IFR
>>procedure. I know what you meant when you wrote it, but you never
>>know what kind of tattle-tales are lurking out there ;o)
>>Oscar Zuniga
> ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
>
> Oscar,
>
> What is your reference for the above statement? We were VFR the entire
> trip.
> How does one know if they are "VFR on top" or "VFR over the top". Is that
> just determined by how you got there, the cloud cover below, or what?
>
> Larry Flesner
>
>
