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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 Section 91.159.
2. Comply with the VFR visibility and distance
from cloud criteria in 14 CFR Section 91.155 (Basic
VFR Weather Minimums).
3. 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
insure the exchange of accurate traffic information.
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.
2/17/05 AIM
ATC Clearances and Aircraft Separation 4−4−5
g. 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 shall be
separated as required by FAA Order 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.
h. ATC will not authorize VFR or VFR-on-top
operations in Class A airspace.
REFERENCE−
AIM, Class A Airspace, Paragraph 3−2−2.
4−4−8. VFR/IFR Flights
A pilot departing VFR, either intending to or needing
to obtain an IFR clearance en route, must be aware of
the position of the aircraft and the relative
terrain/obstructions. When accepting a clearance
below the MEA/MIA/MVA/OROCA, pilots are
responsible for their own terrain/obstruction clearance
until reaching the MEA/MIA/MVA/OROCA. If
pilots are unable to maintain terrain/obstruction
clearance, the controller should be advised and pilots
should state their intentions.
NOTE−
OROCA is an off−route altitude which provides
obstruction clearance with a 1,000 foot buffer in
nonmountainous terrain areas and a 2,000 foot buffer in
designated mountainous areas within the U.S. This altitude
may not provide signal coverage from ground−based
navigational aids, air traffic control radar, or
communications coverage.
4−4−9. Adherence to Clearance
a. When air traffic clearance has been obtained
under either visual or instrument flight rules, the
pilot-in-command of the aircraft shall not deviate
from the provisions thereof unless an amended
clearance is obtained. When ATC issues a clearance
or instruction, pilots are expected to execute its
provisions upon receipt. ATC, in certain situations,
will include the word “IMMEDIATELY” in a
clearance or instruction to impress urgency of an
imminent situation and expeditious compliance by
the pilot is expected and necessary for safety. The
addition of a VFR or other restriction; i.e., climb or
descent point or time, crossing altitude, etc., does not
authorize a pilot to deviate from the route of flight or
any other provision of the ATC clearance.
b. When a heading is assigned or a turn is
requested by ATC, pilots are expected to promptly
initiate the turn, to complete the turn, and maintain the
new heading unless issued additional instructions.
c. The term “AT PILOT’S DISCRETION”
included in the altitude information of an ATC
clearance means that ATC has offered the pilot the
option to start climb or descent when the pilot wishes,
is authorized to conduct the climb or descent at any
rate, and to temporarily level off at any intermediate
altitude as desired. However, once the aircraft has
vacated an altitude, it may not return to that altitude.
d. When ATC has not used the term “AT PILOT’S
DISCRETION” nor imposed any climb or descent
restrictions, pilots should initiate climb or descent
promptly on acknowledgement of the clearance.
Descend or climb at an optimum rate consistent with
the operating characteristics of the aircraft to
1,000 feet above or below the assigned altitude, and
then attempt to descend or climb at a rate of between
500 and 1,500 fpm until the assigned altitude is
　
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