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Originally Posted by MFT1Air  Nice slippery slope. . .not. I won't go into the semantics of right/wrong, so help me, please. 'Source' the exact words of IFR climb in the FAR/AIM to perform an "IFR climb" when I'm on VFR traffic advisories. I need the insight. |
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| 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, IFR Clearance VFR-on-top, Paragraph 4-4-8.
AIM, IFR Separation Standards, Paragraph 4-4-11.
AIM, Position Reporting, Paragraph 5-3-2.
AIM, Additional Reports, Paragraph 5-3-3.
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. |
- So from the above you can see two things:
1. You need to be on an IFR plan.
2. You need maintain basic cloud clearances.
How do you know if you're on an IFR plan? You must receive a clearance. If it is not a standard clearance received from an IFR plan you filed, the controller doesn't know you are asking for IFR unless you specifically say so.
As you can see, VFR on top probably wasn't what you were looking for because you weren't going to comply with cloud clearances. What you wanted was an "IFR climb to VFR conditions." After that, you could request a VFR on top once you can maintain your cloud clearances.
Another option is to request VFR over the top, which is a VFR procedure - but in that case you couldn't fly into clouds either.
At any rate, it is in your best interest when getting a "pop up" or an ad-hoc clearance to make sure it is said, and well-understood that you want, and they are giving you an IFR clearance.
Flying in NY airspace one morning while VFR, the weather got pretty bad out of nowhere. I asked for a IFR clearance from NY approach to my destination, but they said their computers were acting funny and just to climb higher for now. I told him I couldn't or else I'd be in the clouds. So he said "You are on an IFR plan now, climb to..." And that's all I needed to hear.