VFR Over The Top

Velocity173

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VFR Over The Top. Oldie but a goodie. Anyway I've done it a few times but I'm IFR rated and equipped. Obviously you're not on an IFR flight plan or clearance through all this either. Anyway the question is can a VFR guy do it legally? AOPA told me no, the aircraft has to be IFR certified and the pilot IFR rated. Ron? :dunno:
 
VFR Over The Top. Oldie but a goodie. Anyway I've done it a few times but I'm IFR rated and equipped. Obviously you're not on an IFR flight plan or clearance through all this either. Anyway the question is can a VFR guy do it legally? AOPA told me no, the aircraft has to be IFR certified and the pilot IFR rated. Ron? :dunno:

The answer is "Yes".
 
Students, Recreational Pilots, and Sport Pilots are prohibited from flying "without visual reference to the surface."

Anyone else, all that matters is that you adhere to VFR weather minimums.
 
The answer is "Yes".

I agree. Wish I would have kept the email from the AOPA Tech Rep. I remember it was a female and she said VFR Over The Top is an IMC condition and the pilot and aircraft must be IFR. I thought maybe she was confusing it with VFR On Top.
 
Yes but just remember, what goes up must come down. I wouldn't be worried about fighting my way up so much as finding a safe and legal way down.
 
I agree. Wish I would have kept the email from the AOPA Tech Rep. I remember it was a female and she said VFR Over The Top is an IMC condition and the pilot and aircraft must be IFR. I thought maybe she was confusing it with VFR On Top.

Well, she's definitely confused. VFR on-top and VFR over-the-top are both done in VMC, the key difference is VFR on-top is an IFR operation while VFR over-the-top is a VFR operation.
 
Second part of the question. With no sight of ground and no definitive horizon, could a VFR guy log that as instrument time if they are flying solely by reference to instruments? Kinda like the FAAs moonless night logging interpretation.
 
What does "on the top" vs "over the top" mean?
 
What does "on the top" vs "over the top" mean?

PART 1—DEFINITIONS AND ABBREVIATIONS

§ 1.1 General definitions.

IFR over-the-top, with respect to the operation of aircraft, means the operation of an aircraft over-the-top on an IFR flight plan when cleared by air traffic control to maintain “VFR conditions” or “VFR conditions on top”.

Over-the-top means above the layer of clouds or other obscuring phenomena forming the ceiling.

VFR over-the-top, with respect to the operation of aircraft, means the operation of an aircraft over-the-top under VFR when it is not being operated on an IFR flight plan.
 
I agree. Wish I would have kept the email from the AOPA Tech Rep. I remember it was a female and she said VFR Over The Top is an IMC condition and the pilot and aircraft must be IFR. I thought maybe she was confusing it with VFR On Top.
She probably was. Any PP or better can legally climb up through a big enough hole, cruise around on top with nothing more than the 91.205 minimum VFR equipment, and descend again back down through a big enough hole. There are lots of reasons why doing that isn't real smart, but that doesn't change the fact that it is legal. Where you need instrument privileges, instrument equipment, and an instrument clearance in that scenario is to climb through a layer to get VFR over the top, cancel, and continue VFR.
 
What does "on the top" vs "over the top" mean?

In a nutshell. On Top is an aircraft on an IFR flight plan who has climbed up through some obscuration and is now above it. They are still IFR but they are now at a VFR altitude. IFR altitude separation is no longer provided and they are required to see and avoid. Sometimes once the aircraft gets "On Top" they cancel and go VFR. VFR Over The Top is when a VFR aircraft is just cruising along above an obscuration. In order to do that they must have maintained the appropriate cloud distance criteria on the way up and on the way down at their destination.

Hopefully I didn't butcher that and leave something out. Anyway the definitions you can get in the AIM. If you can get a hold of an Army 1-240 Instrument Manual online is provides an excellent definition and an example of when a pilot would do them.
 
She probably was. Any PP or better can legally climb up through a big enough hole, cruise around on top with nothing more than the 91.205 minimum VFR equipment, and descend again back down through a big enough hole. There are lots of reasons why doing that isn't real smart, but that doesn't change the fact that it is legal. Where you need instrument privileges, instrument equipment, and an instrument clearance in that scenario is to climb through a layer to get VFR over the top, cancel, and continue VFR.

I flew on top once and it was enough to discourage me from doing the VFR version if I were PIC until I have IR.
 
We were VFR on top today. Solid BKN010 over the field with -RA. Approach told us to report field in sight. Obviously that wasn't going to happen.......lead asked for a 10 mile hook to dirty up on top of the clouds (which is nice for me if flying wing to dirty, then get back into close parade formation to punch through clouds given the pitch transients when you do this), then take separation on final. IMHO that is an implied statement that we aren't going to see the field given the wx conditions, though I digress. Approach gleefully cleared us out of 3k pilots discretion, report field in sight. No approach given, just a "VFR" descent through the clouds to break out below and pick up the visual straight in. Sometimes I wonder how much of the FAR/AIM military controllers have actually read. My guess is that it nears 0.
 
We were VFR on top today. Solid BKN010 over the field with -RA. Approach told us to report field in sight. Obviously that wasn't going to happen.......lead asked for a 10 mile hook to dirty up on top of the clouds (which is nice for me if flying wing to dirty, then get back into close parade formation to punch through clouds given the pitch transients when you do this), then take separation on final. IMHO that is an implied statement that we aren't going to see the field given the wx conditions, though I digress. Approach gleefully cleared us out of 3k pilots discretion, report field in sight. No approach given, just a "VFR" descent through the clouds to break out below and pick up the visual straight in. Sometimes I wonder how much of the FAR/AIM military controllers have actually read. My guess is that it nears 0.

I read it. That's one. If you guys are going to burn gas doing the straight in, then give those final students some work with PARs. :wink2:
 
I read it. That's one. If you guys are going to burn gas doing the straight in, then give those final students some work with PARs. :wink2:

Fair enough. I'm of course exaggerating. I absolutely do give them my best work on practice PAR's, even if it is CAVU and requested for controller training.....and I will fly the headings they call regardless of how far I am off centerline. For whatever reason today, they weren't doing PAR's, though that would have been the SOP for any other mil field I have ever flown from. Heck, Miramar would be shooting PAR's with HZ and a bad sun angle like it was going out of style (or misreporting ceilings for FCLP players, concluding with me going IMC in the break :) ) I do make it a point to say "awesome work" or something to that effect when a PAR controller does a great job....my hope is that their sup hears this and notices. Last PAR I shot here was to mins in driving rain in L5 with a convective sigmet over the field, and the girl controlling me was like pure sugar on the radio. Absolutely perfect control right down to breaking out over the rabbit lights. I ASAP'd her as being a step beyond perfect. Granted, I'm sure that given the conditions, she was anything but a student, but that was by far the best PAR I have gotten in at least a couple years (to include attempts at sugar calls from CATCC at night behind the boat on a crappy wx night).
 
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In a nutshell. On Top is an aircraft on an IFR flight plan who has climbed up through some obscuration and is now above it. They are still IFR but they are now at a VFR altitude.

Just to be clear, you can operate VFR on-top when the sky is clear, no clouds in sight.

AIM
4-4-8. IFR Clearance VFR-on-top

f. 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.
 
lead asked for a 10 mile hook to dirty up on top of the clouds (which is nice for me if flying wing to dirty, then get back into close parade formation to punch through clouds given the pitch transients when you do this)

What foreign language is this??! Dang I can't wait to get instrument rated :D
 
Second part of the question. With no sight of ground and no definitive horizon, could a VFR guy log that as instrument time if they are flying solely by reference to instruments? Kinda like the FAAs moonless night logging interpretation.

:yeahthat:

Does anyone know the answer to this one??
 
Fair enough. I'm of course exaggerating. I absolutely do give them my best work on practice PAR's, even if it is CAVU and requested for controller training.....and I will fly the headings they call regardless of how far I am off centerline. For whatever reason today, they weren't doing PAR's, though that would have been the SOP for any other mil field I have ever flown from. Heck, Miramar would be shooting PAR's with HZ and a bad sun angle like it was going out of style (or misreporting ceilings for FCLP players, concluding with me going IMC in the break :) ) I do make it a point to say "awesome work" or something to that effect when a PAR controller does a great job....my hope is that their sup hears this and notices. Last PAR I shot here was to mins in driving rain in L5 with a convective sigmet over the field, and the girl controlling me was like pure sugar on the radio. Absolutely perfect control right down to breaking out over the rabbit lights. I ASAP'd her as being a step beyond perfect. Granted, I'm sure that given the conditions, she was anything but a student, but that was by far the best PAR I have gotten in at least a couple years (to include attempts at sugar calls from CATCC at night behind the boat on a crappy wx night).

Given quite a few PARs into the hazy sun on rwy 24 at NKX. Awesome place to be stationed. My last PAR in the Marines was there. I was called out to the MATCALS to give a PAR to Flight Check flying a Hawker jet. Said it was "the best PAR he's ever gotten." Not sure if you've ever done a MATCALS approach but it's pretty darn accurate. It's all touch screen and color displays capable of automatic landings (mode I) like the SPN 46 on the boat. For some reason we never certified it for fully coupled landings. Used to be state of the art stuff back in the day.
 
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Bah, I do it all the time. Rocks in the East often have cloud build ups a few thousand feet above. You can transit below the clouds and get kicked around, or go over in smooth air. There are lots of days where wx will be clear on either side, but obscured over the rocks. Just have to make certain that the destination is reasonably clear, or you're likely to have a really bad day.

If the engine breaks, I suspect I can keep the shiny side up long enough to get through the layer to get to the VFR conditions underneath. I try hard not to do this over IMC, though.
 
Second part of the question. With no sight of ground and no definitive horizon, could a VFR guy log that as instrument time if they are flying solely by reference to instruments? Kinda like the FAAs moonless night logging interpretation.
I think it would depend on conditions. In most cases, VFR over the top operations are conducted in clear blue skies above a defined deck providing a good horizon reference, in which case they are not dependent on the flight instruments for aircraft control, only for navigation. In that case, I would not think it appropriate to log instrument time. OTOH, at night, with a high overcast above so there is no moon or stars to help light a horizon reference, it would be actual instrument conditions.
 
I think it would depend on conditions. In most cases, VFR over the top operations are conducted in clear blue skies above a defined deck providing a good horizon reference, in which case they are not dependent on the flight instruments for aircraft control, only for navigation. In that case, I would not think it appropriate to log instrument time. OTOH, at night, with a high overcast above so there is no moon or stars to help light a horizon reference, it would be actual instrument conditions.

When I went over the top it was blue everywhere and cottony clouds below my feet, no horizon. It was disorienting as a first-timer knowing if I had wings level. The off-center inclinometer in that plane didn't help matter much, but I was more comfortable keeping the foggles on and flying by instruments than looking out the window.

Haven't had my 2nd chance yet, so the results may differ.
 
Second part of the question. With no sight of ground and no definitive horizon, could a VFR guy log that as instrument time if they are flying solely by reference to instruments? Kinda like the FAAs moonless night logging interpretation.

The difference is that you have a horizon, just not the ground surface. And by the way I wouldn't log instrument time for a VFR flight on a clear, moonless night. Personally I think logging actual instrument without being on an IFR clearance raises red flags, even if it may be technically legal.
 
The answers here have applied solely to the US, while the question wasn't that narrow. Bear in mind that other (neighboring) countries have other requirements.

Canada requires specific training to fly VFR OTT. It's a specific rating one must attain.

I'm not sure what Mexico's rules are on this topic.

Which raises another question: can I exercise my US/FAA privileges to fly VFR OTT in Canada with just a PP rating (lacking an instrument rating)?
 
The difference is that you have a horizon, just not the ground surface. And by the way I wouldn't log instrument time for a VFR flight on a clear, moonless night. Personally I think logging actual instrument without being on an IFR clearance raises red flags, even if it may be technically legal.
Not sure why it would raise any "red flags" since the FAA Chief Counsel it was correct, although in keeping with his advice, it would be wise to log the conditions which led you to do that.
 
Not sure why it would raise any "red flags" since the FAA Chief Counsel it was correct, although in keeping with his advice, it would be wise to log the conditions which led you to do that.


Where is the interpretation?
 
I have gotten on top (VFR only) a few times but I avoid it if I can, which is almost always.
 
Not sure why it would raise any "red flags" since the FAA Chief Counsel it was correct, although in keeping with his advice, it would be wise to log the conditions which led you to do that.

Hence my comment. Maybe "red flag" is a strong word but certainly "raised eyebrows" is applicable.
 
I have gone VFR on top of a 4000 broken layer before. I really wouldn't consider going over a large overcast layer where the ceilings are below 2000 though.
 
Where is the interpretation?
In the Chief Counsel's files, not on the web site, as it's an older one, but here's what it says (minus the second question about the six month rule):
November 7, 1984
Mr. Joseph P. Carr

Dear Mr. Carr:

This is in response to your letter asking questions about instrument flight time.

First, you ask for an interpretation of Section 61.51(c)(4) of the Federal Aviation Regulations (FAR) regarding the logging of instrument flight time. You ask whether, for instance, a flight over the ocean on a moonless night without a discernible horizon could be logged as actual instrument flight time.
...
As you know, Section 61.51(c)(4) provides rules for the logging of instrument flight time which may be used to meet the requirements of a certificate or rating, or to meet the recent flight experience requirements of Part 61. That section provides in part, that a pilot may log as instrument flight time only that time during which he or she operates the aircraft solely by reference to instruments, under actual (instrument meteorological conditions (imc)) or simulated instrument flight conditions. "Simulated" instrument conditions occur when the pilot's vision outside of the aircraft is intentionally restricted, such as by a hood or goggles. "Actual" instrument flight conditions occur when some outside conditions make it necessary for the pilot to use the aircraft instruments in order to maintain adequate control over the aircraft. Typically, these conditions involve adverse weather conditions.

To answer your first question, actual instrument conditions may occur in the case you described a moonless night over the ocean with no discernible horizon, if use of the instruments is necessary to maintain adequate control over the aircraft. The determination as to whether flight by reference to instruments is necessary is somewhat subjective and based in part on the sound judgment of the pilot. Note that, under Section 61.51(b)(3), the pilot must log the conditions of the flight. The log should include the reasons for determining that the flight was under actual instrument conditions in case the pilot later would be called on to prove that the actual instrument flight time logged was legitimate.

...

Sincerely,
/s/
John H. Cassady
Assistant Chief counsel
Regulations and Enforcement Division
You can confirm this letter by contacting AGC-200 if you need a paper copy.
 
Hence my comment. Maybe "red flag" is a strong word but certainly "raised eyebrows" is applicable.

How would anyone reviewing your logbook know whether any particular flight was on an IFR clearance?

Also, it's very common to fly and log practice approaches in VMC without an IFR clearance (with a hood and safety pilot, or course).
 
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Also, it's very common to fly and log practice approaches in VMC without an IFR clearance (with a hood and safety pilot, or course).
However, that's logged in the "simulated instrument" column, not the "actual instrument" column, and the safety pilot's name is recorded in the "remarks" column, so it's clearly distinguishable. But as you mentioned, there's nothing in the log saying the flight was conducted under VFR unless you put that in the "remarks" column.
 
How would anyone reviewing your logbook know whether any particular flight was on an IFR clearance?

Also, it's very common to fly and log practice approaches in VMC without an IFR clearance (with a hood and safety pilot, or course).

If you aren't IR, and you aren't with a CFII....
 
If you aren't IR, and you aren't with a CFII....
As an instrument instructor, I do a lot of practice approaches under VFR with my trainees. But again, that's done with a vision restricting device, and logged as simulated, not actual, instrument time, and thus easily distinguishable from time logged under the "no available external references" provision of the Carr letter.
 
As an instrument instructor, I do a lot of practice approaches under VFR with my trainees. But again, that's done with a vision restricting device, and logged as simulated, not actual, instrument time, and thus easily distinguishable from time logged under the "no available external references" provision of the Carr letter.

Yes but you're also going to sign the logbook entry and the circumstances are going to be fairly obvious. My point being if you log actual time by yourself and you aren't IR (or maybe you are but the particular route dictated that you couldn't have been or probably weren't on an IFR flight plan) then it would beg the question of why you were flying in IMC.

It's just a matter of whether you want the additional scrutiny or not, that's all. Maybe I'm being over paranoid.
 
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