AIM ¶ 5-5-13 — VFR-on-Top Clearance
AIM 5-5-13 explains VFR-on-top clearances: pilot and controller responsibilities, altitude rules, and where it's prohibited. Study guide for IFR pilots.
In Plain English
VFR-on-top is a hybrid clearance that lets a pilot on an IFR flight plan choose their own VFR altitude instead of accepting an ATC-assigned altitude. The pilot must specifically request it, and ATC must approve it.
When flying VFR-on-top, you accept a unique blend of responsibilities — you're still IFR, but you must also follow VFR rules:
- See-and-avoid other traffic (sole pilot responsibility)
- Fly an appropriate VFR cruising altitude per 14 CFR 91.159
- Meet VFR visibility and cloud clearance minimums per 14 CFR 91.155
- Continue to comply with IFR rules: minimum IFR altitudes, position reports, ATC clearances, course, and radio comms
- Notify ATC before any altitude change so traffic info stays accurate
VFR-on-top is not permitted in Class A airspace or certain restricted areas, so you must plan to avoid those. Operationally, it's useful for getting on top of a cloud layer for a smoother ride, better visibility, or to stay out of icing — while keeping the safety net of an IFR flight plan.
AIM Source Text
FAA AIM ¶ 5-5-135-5-13. 5-5-13. VFR‐on‐top
Pilot. This clearance must be requested by the pilot on an IFR flight plan, and if approved, allows the pilot the choice (subject to any ATC restrictions) to select an altitude or flight level in lieu of an assigned altitude. NOTE- VFR-on-top is not permitted in certain airspace areas, such as Class A airspace, certain restricted areas, etc. Consequently, IFR flights operating VFR-on-top will avoid such airspace. REFERENCE- AIM, Para 4-4-8 , IFR Clearance VFR-on-top. AIM, Para 4-4-11, IFR Separation Standards. AIM, Para 5-3-2 , Position Reporting. AIM, Para 5-3-3 , Additional Reports. By requesting a VFR‐on‐top clearance, the pilot assumes the sole responsibility to be vigilant so as to see and avoid other aircraft and to: Fly at the appropriate VFR altitude as prescribed in 14 CFR section 91.159. Comply with the VFR visibility and distance from clouds 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. Should advise ATC prior to any altitude change to ensure the exchange of accurate traffic information. Controller. May clear an aircraft to maintain VFR‐on‐top if the pilot of an aircraft on an IFR flight plan requests the clearance. Informs the pilot of an aircraft cleared to climb to VFR‐on‐top the reported height of the tops or that no top report is available; issues an alternate clearance if necessary; and once the aircraft reports reaching VFR‐on‐top, reclears the aircraft to maintain VFR‐on‐top. Before issuing clearance, ascertain that the aircraft is not in or will not enter Class A airspace.
Oral Exam Questions a DPE Might Ask
Q1Who is responsible for requesting a VFR-on-top clearance, and what does it allow?
Per AIM 5-5-13, the pilot on an IFR flight plan must request VFR-on-top. If approved, it allows the pilot to select an altitude or flight level (subject to ATC restrictions) instead of accepting an assigned altitude.
Q2What pilot responsibilities come with a VFR-on-top clearance?
Per AIM 5-5-13, the pilot assumes sole responsibility to see and avoid other aircraft, fly an appropriate VFR altitude per 14 CFR 91.159, comply with VFR visibility and cloud clearance criteria in 14 CFR 91.155, comply with applicable IFR rules (minimum IFR altitudes, position reporting, radio comms, course, ATC clearances), and advise ATC before any altitude change.
Q3Where is VFR-on-top not permitted?
Per AIM 5-5-13, VFR-on-top is not permitted in Class A airspace or certain restricted areas. IFR flights operating VFR-on-top must avoid such airspace, and controllers must verify the aircraft is not in or entering Class A airspace before issuing the clearance.
Related Paragraphs in AIM Chapter 5