FAA Instrument Flight Instructor (FII)Instrument RegulationsMedium

A pilot on an IFR flight plan in VMC requests and receives an ATC clearance to 'maintain VFR-on-top.' Which statement correctly describes the pilot's responsibilities under this clearance?

  1. AATC assigns a specific hard altitude that must be flown regardless of cloud tops.
  2. BAccepting the clearance automatically cancels the IFR flight plan.
  3. CThe pilot must select a cruising altitude appropriate to the direction of flight per 91.159 and comply with VFR visibility and cloud clearance requirements.
  4. DThe clearance is only valid within Class G airspace where ATC has no jurisdiction.
Show answer & explanation

Correct answer: C. The pilot must select a cruising altitude appropriate to the direction of flight per 91.159 and comply with VFR visibility and cloud clearance requirements.

A VFR-on-top clearance keeps the aircraft on its IFR flight plan while allowing the pilot to select an altitude appropriate for the direction of flight under 91.159, and the pilot must remain clear of clouds and meet VFR visibility minimums for the altitude flown.

Why the other options are wrong

  • A. ATC does not assign a fixed altitude; the pilot selects it based on VFR cruising altitude rules.
  • B. The IFR flight plan remains active; the pilot may need an actual IFR clearance again later.
  • D. VFR-on-top clearances are issued in controlled airspace, not Class G.

VFR-on-Top Clearance

An ATC clearance allowing an IFR flight to operate in VMC using VFR cruising altitudes while remaining on an IFR flight plan.

  • Pilot selects altitude per 91.159 VFR cruising altitude rules
  • Must comply with VFR visibility and cloud clearance minimums
  • IFR flight plan and separation services continue until canceled or landing

Memory trick: 'On top, pick your own altitude, stay VFR.'

More Instrument Regulations questions