5-5-13. VFR-on-top
a. Pilot.
1. 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.

2. 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:
(a) Fly at the appropriate VFR altitude as prescribed in 14 CFR Section 91.159.
(b) Comply with the VFR visibility and distance from clouds criteria in 14 CFR Section 91.155, Basic
VFR Weather Minimums.
(c) 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.
3. Should advise ATC prior to any altitude change to ensure the exchange of accurate traffic information.
b. Controller.
1. May clear an aircraft to maintain VFR-on-top if the pilot of an aircraft on an IFR flight plan requests the
clearance.
2. 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.
3. Before issuing clearance, ascertain that the aircraft is not in or will not enter Class A airspace.
5-5-14. Instrument Departures
a. Pilot.
1. Prior to departure considers the type of terrain and other obstructions on or in the vicinity of the departure
airport.
2. Determines if obstruction avoidance can be maintained visually or that the departure procedure should
be followed.
3. Determines whether an obstacle departure procedure (ODP) and/or DP is available for obstruction
avoidance. One option may be a Visual Climb Over Airport (VCOA). Pilots must advise ATC as early as possible
of the intent to fly the VCOA prior to departure.
4. At airports where IAPs have not been published, hence no published departure procedure, determines
what action will be necessary and takes such action that will assure a safe departure.
b. Controller.
1. At locations with airport traffic control service, when necessary, specifies direction of takeoff, turn, or
initial heading to be flown after takeoff, consistent with published departure procedures (DP) or diverse vector
areas (DVA), where applicable.
2. At locations without airport traffic control service but within Class E surface area when necessary to
specify direction of takeoff, turn, or initial heading to be flown, obtains pilot"s concurrence that the procedure
will allow the pilot to comply with local traffic patterns, terrain, and obstruction avoidance.

5-5-8

Pilot/Controller Roles and Responsibilities