Can a VFR pilot request VFR-on-top?

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).



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A VFR-On-Top clearance has its limitations. Here are a few you need to follow: Pilots may not fly below minimum en route IFR altitudes because you could crash into the terrain. Minimum en route altitudes exist regardless of IFR or VFR weather conditions and weather assigned a specific altitude or VFR conditions on top.

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

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In some countries, VFR flight is permitted at night, and is known as night VFR. This is generally permitted only under more restrictive conditions, such as maintaining minimum safe altitudes, and may require additional training as a pilot at night may not be able to see and avoid obstacles.

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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 condition.

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An aircraft must maintain an altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.

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As a pilot performing a VFR flight and departing from a controlled airfield, you must contact the ATC before taxi in order to have the initial VFR clearance. You will obtain this clearance from a ground or tower controller. In other airports, you may ask the approach controller to obtain your clearance.

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In the daytime, provided the airport allows SVFR (some do not—they are listed in the Aeronautical Information Manual), a student pilot can request special VFR—but remember, as a student, you are still bound by FAR 61.89, which states you cannot act as pilot in command when flight or surface visibility is less than 3 ...

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IFR aircraft are also provided standard separation throughout the approach and missed approach procedure. VFR aircraft practicing instrument approaches are not automatically authorized to execute the missed approach procedure. The authorization must be specifically requested by the pilot and approved by the controller.

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DVFR (Defense VFR) In the increased environment of national security that exists today, flight plans are required before penetrating or flying in Air Defense Identification Zones (ADIZ). Expanded information can be found in FAR Part 99, Security Control of Air Traffic.

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