When can a vfr-on-top clearance be assigned by atc?

Is there any difference between?

Índice Show

What's The Point?
Requesting A "Climb To VFR-On-Top"
Do You Know Regulations You Need To Follow?
What About "VFR Over-The-Top"?

VFR on TOP & VFR over the TOP

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Pilot's tip of the week

Featuring John Krug

“A VFR-on-top clearance allows a pilot to climb through a cloud layer or some other condition of less than basic Visual Meteorological Conditions (VMC). Upon reaching VMC, you can either cancel the IFR flight plan or operate VFR-on-top.

You can request it on the ground, usually from clearance or ground control at a towered airport. Simply ask for an IFR climb to VFR-on-top. The controller will need to know your type aircraft and direction of flight.

The clearance will usually have a clearance limit of a nearby VOR or other navaid. The clearance will also contain either a tops report or a statement that no tops report is available. Additionally, the ATC clearance may contain alternate instructions if VFR-on-top is not reached by a specified altitude.

If you file an IFR flight plan for a climb to VFR-on-top, specify the route desired and for the altitude specify OTP/altitude requested.”

For more information, see AIM Section 4-4-8.

Watch this related video from AOPA:

You just popped through a layer of overcast clouds on an IFR cross-country flight and it's perfectly VFR, as far as the eye can see. Is it time to request a VFR-on-top clearance?

What's The Point?

According to the FAA's Instrument Flying Handbook (IFH), "pilots on IFR flight plans operating in VFR weather conditions may request VFR-on-top in lieu of an assigned altitude. This permits them to select an altitude or flight level of their choice (subject to any ATC restrictions)."

This can be helpful if you're slightly above, or in between layers, and you want to stay out of the clouds. Flying for extended periods of time through solid IMC can be fatiguing (and the view isn't nearly as good!).

Staying out of the clouds can make your passengers more comfortable too. There's typically less turbulence when you're in VMC, there's no doubt a better view, and it helps your passengers avoid air sickness.

A "maintain VFR-on-top" clearance doesn't restrict you to operating only above an IMC layer, either. The clearance permits operations above, below, between layers, or in areas where there is no meteorological obstruction.

Requesting A "Climb To VFR-On-Top"

VFR-On-Top is a request you need to initialize with ATC. You can request to climb through clouds, haze, smoke, or other weather layers with the intent of either operating "VFR-On-Top", or cancelling your IFR clearance after you reach VFR conditions.

Keep in mind, your clearance to operate "VFR-on-top/VFR conditions" does't cancel your IFR flight plan. And in busy airspace, you may not be able to get the clearance due to conflicting traffic, or ATC workload. More on that below...

Do You Know Regulations You Need To Follow?

When you're flying on an IFR flight plan, a VFR-on-top clearance comes with a few stipulations:

You must fly at the appropriate VFR altitude as prescribed in FAR 91.159.
You must comply with VFR visibility and distance-from-cloud criteria prescribed in FAR 91.155.
You must comply with IFR regulations applicable to your flight. That means you must adhere to minimum IFR altitudes, your ATC clearance, position reporting, radio communications, course to be flown, etc.
You should advise ATC before any altitude change when operating VFR-on-top. This ensures ATC can provide accurate traffic information and separation.
VFR-on-top is not permitted in Class A airspace.

When you fly VFR-on-top, you may receive traffic advisories from ATC about other pertinent IFR or VFR aircraft. HOWEVER, when you operate in VFR conditions, it's your responsibility as PIC to see and avoid other aircraft.

What About "VFR Over-The-Top"?

It's easy confuse "VFR-on-top" with "VFR over-the-top." A VFR on-top clearance is an IFR clearance that allows pilots to fly at VFR altitudes.

VFR over-the-top, on the other hand, is an operation where you maintains VFR cloud clearance requirements while operating on top of an overcast layer. This usually happens when departure and destination airports have good weather conditions, but a low overcast layer exists in between. You can depart, climb, cruise, and descend in VFR conditions along your route, even while IFR conditions may be present at lower altitudes (though we don't really recommend this, especially if you're non-instrument rated).

Have you ever requested a VFR-on-top clearance? Tell us why or why not in the comments below.

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Must be requested by the pilot on an IFR flight plan, and if approved, in VFR, allows the pilot the choice to select an altitude or flight level in lieu of an assigned altitude

This permits a pilot to select an altitude or flight level of their choice

Pilots desiring to climb through a cloud, haze, smoke, or other layer may cancel their IFR flight plan to operate VFR-on-top
A pilot operating in VFR conditions may request to climb/descend in VFR conditions
Not intended to restrict pilots to operate above a layer, instead permits operation between or where no weather exists
Clearance to operate "VFR-on-top/VFR conditions" does not imply cancellation of the IFR flight plan
VFR-on-top is not permitted in certain airspace areas, such as Class A, certain restricted areas, etc.
Pilot assumes responsibility to be vigilant so as to see and avoid other aircraft
Fly at the appropriate VFR altitude as prescribed by 91.159
Comply with the VFR visibility and distance from cloud criteria in 91.155
Comply with instrument flight rules applicable (minimum altitudes, position reporting, communications, and adherence to ATC clearances)
Should advise ATC prior to any altitude change to ensure the exchange of accurate traffic information

No person may operate an airplane over-the-top or at night under VFR unless that airplane is equipped with the instruments and equipment required for IFR operations under 91.205(d) and one electric landing light for night operations
Each required instrument and item of equipment must be in operable equipment

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

VFR-on-top altitude change

You can fly in great visibility above a layer of clouds, provided you have a safe way to get up and far more importantly, a safe way to get back down
Along the Pacific Coast, particularly in winter, there can be dense early morning fog with visibility less than 1/2 mile on the runway, but the fog layer tops out in bright sun only a thousand feet higher
Even the low coastal hills are above it all in clear air, as are all the inland airports
Closer to home, most, if not all, airports located in the bottom of a valley can experience the same thing, particularly after a nighttime temperature inversion
Instead of flying the whole flight on an IFR flight plan along assigned routes, you can file a flight plan for IFR to VFR-on-top
Instead of filing IFR, you file you file your flight plan IFR to VFR-on-top
You still go through all the complete instrument procedures of getting a clearance before you take off, reading it back, flying an assigned route or assigned departure procedure, squawking an assigned code on your transponder, and contacting a controller
You depart on an instrument flight just like any other instrument flight
- The difference is that the instructions in your instrument clearance read something like "...departure frequency [Frequency], climb as filed to VFR-on-top, if not VFR by [Altitude], maintain [Altitude] and advise..."
Once you break out on top of the clouds, you can cancel IFR and fly VFR
Remember again that IFR flight is an entirely controlled procedure, while VFR flight outside the boundaries of an airport is uncontrolled
The same controller who was just telling you what to do is now only advising you
You cannot casually lapse back and forth from one to the other
The controller is going to remind you of this after you cancel IFR by instructing you to "Maintain VFR"
In fact, while the Instrument portion of the flight is handled by an air route traffic control center (called XYZ Center on the radio), the visual portion of the flight plan is on file with a Flight Service Station located somewhere else on a different frequency, (called ABC Radio)
In effect, you have two flight plans on file with two different groups of people, each of which needs to be activated and closed>
- The Instrument flight plan opens automatically when you are cleared for takeoff
- It closes when you tell a controller "cancel IFR"
- The visual portion of the flight plan does not automatically activate
- It activates when you call Flight Service and activate it, and closes when you call and close it
- After you cancel IFR, you need to call a Flight Service radio - whose frequency is typically found on your sectional chart - and activate your VFR flight plan
- Then you need to either close it by phone or radio when you land
- If for some reason you don't break out of the clouds as expected, a second flight plan is used if you need an assigned routing to continue
Also, if you don't arrive at your destination, someone will come looking for you and they will know where to look

- May clear an aircraft to maintain VFR-on-top if the pilot of an aircraft on an IFR flight plan requests the clearance
- Informs the pilot of an aircraft cleared to climb to VFR-on-top the reported height of the tops or that no top report is available; and once the aircraft reports reaching VFR-on-top, re-clears the aircraft to maintain VFR-on-top
- Before issuing clearance, ascertain that the aircraft is not in or will not enter Class A airspace