The Long Way Around To VFR
On Top
A Story Not For The Squeamish...
When AVweb reader Steve Biddle asked an
innocent question about flying VFR above a cloud layer, he initiated a long and
tangled quest through the annals of the FAA, the confusion of the GA masses, and
the arcana of the U.S. airspace system. Today, almost two months after Biddle's
query was chosen as a Question Of The Week, we have an official, certifiable,
FAA answer ... that is, if you consider an answer from an FAA staffer who signs
his e-mails as "Member, Loyal Order of the Flackosaurus Aeronauticus" to be
official in the official sense. FAA Flight Standards spokesman Les Dorr, who
braved the cloudy corridors of the FAA to get us this response, says: "Sorry for
the delay [this arrived about four weeks after our initial request]. Here 'tiz
... The main question was, 'Can a VFR-only pilot legally fly over a cloud layer
in VFR conditions, then descend and land, all maintaining VFR visibility and
cloud-separation requirements?' The answer is yes. VFR-over-the-top is not
addressed in 14 CFR Part 91, so only the basic VFR weather requirements of
Section 91.155 [Basic VFR weather minimums] apply."
Dorr wrote: "VFR-on-top is an aircraft on an
IFR clearance that has requested and received permission to operate at VFR
altitudes of their choice in VMC from ATC, but is still considered to be an IFR
aircraft. Although it is not prohibited by the regulations, [VFR-only] pilots
who choose to fly on top need to consider their options in the event of a
situation that might require an immediate landing. A simple need to land for
some minor issue, such as a sick passenger, could turn into a life-threatening
emergency."
...And Not For Those
Uncomfortable With Fuzziness...
When AVweb's
Question Of The Week on Sept. 1 polled readers about flying VFR above a
cloud layer, we heard from almost 1,400 of you, well above our average response,
and received
written comments from more. The QOTW described a flight in which a pilot
took off VFR and landed VFR but flew en route above a solid layer that hid the
ground, and asked if it was legal or not. Fifty-four percent of respondents said
it was legal, but if an emergency had forced the pilot to descend into the
clouds, it would have become illegal. Another 35 percent said it was a legal
flight even if the pilot had to descend into the clouds, as long as the pilot
declared an emergency first. Only 11 percent said the whole idea was not only
dumb, but busted regs. Our first
response from the FAA said that the 11 percent were correct -- that the
flight would be illegal -- because if the engine quit the pilot would be stuck
without a VFR option. That seemed to make sense, but further research, and our
latest direct-from-FAA Flight Standards response, show that it was wrong.
...And Maybe Not For The
Careful
What
if that VFR pilot does end up descending into the clouds? An oft-cited
1954 study found that non-instrument-rated pilots then had a hard time
controlling the airplane when faced with a loss of visual cues. In experiments
conducted in real Beechcraft Bonanzas, 19 out of 20 pilots entered a graveyard
spiral within three minutes after losing visual contact. The 20th avoided the
graveyard spiral only because he was occupied in yanking the airplane into a
"whip stall." The
FARs for large and turbine-powered aircraft do specify that over-the-top
operations under VFR are allowed "only if the airplane is equipped with the
instruments and equipment required for IFR operations." In Canada, the procedure
is OK for non-instrument-rated private pilots only if they have completed a "VFR
Over The Top"
rating that requires 15 hours of dual instrument training. In a 2001 article
on the topic, AOPA offered this advice: "VFR over the top is not something to be
approached casually. In fact, it's really helpful if you approach it with a
combination of pessimism and out-and-out paranoia. Always assume the worst, and
plan accordingly." So why isn't there a rule that prohibits VFR pilots from
flying up there? Because, sometimes, AOPA says, it's the best choice, and it
works.