AIM 4-4-8

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.)

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 must 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.

A pilot on an IFR flight plan, operating in VFR conditions, may request to climb/descend in VFR conditions.

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.

When operating in VFR conditions with an ATC authorization to “maintain VFR-on-top/maintain VFR conditions” pilots on IFR flight plans must: Fly at the appropriate VFR altitude as prescribed in 14 CFR section 91.159.

Comply with the VFR visibility and distance from cloud criteria in 14 CFR section 91.155 (Basic VFR Weather Minimums).

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 ensure the exchange of accurate traffic information.

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.

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 must be separated as required by FAA Order JO 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.

ATC will not authorize VFR or VFR-on-top operations in Class A airspace. REFERENCE-

AIM, Para 3-2-2 , Class A Airspace.