VFR at the top vs. VFR at the top
A couple of weeks ago, I was asked what the difference was between VFR on-top and VFR over-the-top. I explained the difference between the two, but found the question interesting. As I thought about it more, I began to realize that there is some confusion with these terms. It occurred to me that I had heard pilots use the terms incorrectly in the past. I quickly realized that out of all the line checks I had done in my career, the subject had never really come up. I think now is a good time for an explanation.
I think the confusion results from the definitions themselves. VFR over-the-top is listed in the General Definitions section of the FAR. VFR at the top is not. However, IFR over-the-top is also included in the definitions. So where do we get the term VFR at the top? Okay, let’s go through each term and focus on the language.
VFR over-the-top, with respect to aircraft operation, means the operation of an aircraft over-the-top under VFR when not being operated on an IFR flight plan. This is the exact definition, as written, in Part 1, Chapter 1.1 of the FAR. Simply put, an aircraft must be registered on a VFR flight plan and operate above the top of the underlying cloud cover or obscuration in visual meteorological conditions.
To operate VFR over-the-top, Federal Aviation Regulations require specific parameters related to aircraft equipment, weather conditions, and pilot qualifications to be met. Please refer to the following regulations:
Equipment requirements of Part 91.507
Part 135.159 Equipment Requirements
Part 135.211 VFR over-the-top carrying passengers
Part 135.243 Pilot-in-command qualifications
VFR Overhead or IFR Overhead with respect to the operation of an aircraft, means an aircraft over the top on an IFR flight plan when cleared by air traffic control to “maintain VFR conditions” or ” VFR at the top.” . VFR Overhead is associated with aircraft registered on IFR flight plans and cleared to operate above the top of the underlying cloud layer or obscuration while maintaining VFR conditions. So the devil is in the newsroom.
This problem becomes more complex depending on the category of the aircraft, the number of pilots required, the gross weight, and the passenger-carrying requirements. It is up to the pilot to read the regulations and determine if the requirements to fly VFR over-the-top are met.
After reading and researching, I realize that this topic tends to take a backseat to larger regulatory and compliance issues. However, it is applicable to most helicopter pilots. The FARs are sometimes vague and leave room for interpretation. When in doubt, always use the most conservative approach and contact your local Flight Standards District Office for further explanation and clarification. Point of fact. From time to time, it’s a good idea to read and dissect those definitions. You may learn something! Good luck and good flight.
