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You just climbed through an overcast layer on an IFR cross-country and broke out into smooth, clear air.

Instead of staying at your assigned IFR altitude, you want to climb another 500 feet to stay comfortably above the clouds. That's where a VFR-on-top clearance can help.

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 initiate with ATC. For example:

Pilot: "Denver Center, Cirrus 216BD, request VFR-on-top."

ATC: "Cirrus 216BD, maintain VFR-on-top."

Here's what changes.

When ATC clears you to maintain VFR-on-top, you can select an appropriate VFR cruising altitude instead of flying an ATC-assigned altitude.

But you're still operating on an IFR clearance. You must continue flying your cleared lateral route, maintain communication with ATC, and comply with the other IFR requirements that apply to your flight.

Think of VFR-on-top as changing the vertical part of your clearance, not the lateral part.

The 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.
• 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 to 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 maintain 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.