VFR on the top and VFR over the top.. Requirements?

Question

First of all, what is the difference between the two. From what I understand, VFR on the top is when you file IFR then cancel it when above the clouds. and, VFR over the top is flying VFR every minute of the flight, takeoff to landing. Is this correct? Also, if I am only a private pilot and not instrument rated, can I still legally fly VFR over the top?

Answer 1

if you are not qualified for vfr ( visual flying rules ) then you are not qualified to fly ifr either, instrument flying rules are way more advanced  and have to take a great deal of training for flying ifr

Answer 2

Cherokee is absolutely right, but here's how you can make practical use of these operations:

VFR over the top is a strictly VFR operation, so you can legally do it without an instrument rating, but you must be certain you can remain over the top then descend VFR to your destination. I'm ATP rated but have often used it for convenience and expedience, particularly in coastal California where going IFR can be a nuisance and take more time (the object of most flying is saving time). I depart in the clear, fly VFR over a low-lying marine layer knowing it is going to remain "clear and a million" above it, and that my destination will also undoubtedly remain VFR . However, knowing I can file a pop-up IFR clearance if I have to just makes it a safer operation.

When VFR On Top, you're still on a quasi-IFR flight plan, but once you get on top you fly VFR altitudes and  maintain VFR cloud clearance requirements etc etc. all theway to your destination. One should not request VFR on top unless you can remain VFR. It's very useful in IFR-congested areas like Los Angeles for getting out of a coastal airport that is IFR under a low ceiling but you are heading to a destination in the desert where it's clear. When you get "on top" you can usually receive a direct routing under your own navigation since you are also responsible for your own traffic separation. This avoids having to fly a full IFR routing at IFR altitudes with mandatory IFR traffic separation, which is often circuitous and time consuming. Again, it's a trick used for expedience and most controllers like it too, since it frees up airspace and reduces their workload somewhat.

Answer 3

VFR-On-Top

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).

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 will contain a top

report (or a statement that no top report is available) and a

request to report upon 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. 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 part 91.

2. Comply with the VFR visibility and distance-from cloud

criteria in 14 CFR part 91.

3. Comply with instrument flight rules applicable to this

fl ight (minimum IFR altitudes, position reporting, radio

communications, course to be fl own, adherence to ATC

clearance, etc.).

Pilots operating on a VFR-on-top clearance should advise

ATC before any altitude change to ensure the exchange of

accurate traffic information.

ATC authorization to “maintain VFR-on-top” is not intended

to restrict pilots to operating only above an obscuring

meteorological formation (layer). Rather, it permits operation

above, below, between layers, or in areas where there is no

meteorological obstruction. It is imperative pilots understand,

however, 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, when operating in VFR weather

conditions, it is the pilot’s responsibility to be vigilant to see

and avoid other aircraft.

This clearance must be requested by the pilot on an IFR flight

plan. VFR-on-top is not permitted in certain areas, such as

Class A airspace. Consequently, IFR flights operating VFR on-top must avoid such airspace.

VFR Over-The-Top

VFR over-the-top must not be confused with VFR-on top.

VFR-on-top is an IFR clearance that allows the pilot

to fly VFR altitudes. VFR over-the-top is strictly a VFR

operation in which the pilot maintains VFR cloud clearance

requirements while operating on top of an undercast layer.

This situation might occur when the departure airport and the

destination airport are reporting clear conditions, but a low

overcast layer is present in between. The pilot could conduct

a VFR departure, fl y over the top of the undercast in VFR

conditions, then complete a VFR descent and landing at the

destination. VFR cloud clearance requirements would be

maintained at all times, and an IFR clearance would not be

required for any part of the flight.