On Sun, 18 Sep 2005 10:44:22 -0700, Peter Duniho wrote:

The previous poster erred in even considering the altitude. IFR traffic can
and does fly at any altitude.

Peter,

While it's possible that IFR traffic can fly at any altitude, in my short
flying career, I have never heard of IFR traffic being assigned a VFR
altitude or an altitude other then ending in 1000's of feet.

I have requested an altitude of "opposite traffic" altitude and been
approved, but never have I heard anybody request a VFR altitude. (I.E I was
westbound at 4000 and requested 3000 feet.)

Per http://www.faa.gov/atpubs/ATC/Chp7/atc0703.html VFR on top traffic is
treated as VFR and not IFR traffic. Standard separation does not apply and
cloud clearances are exactly the same for VFR on top traffic as VFR over
the top traffic.

While the traffic is IFR in the system, it is flown under VFR rules, and
that IFR traffic cannot enter clouds when he / she is VFR on top.

So, when I posted 4000 feet, that is a standard IFR traffic altitude (even
thousands) as opposed to VFR altitudes that end in 500 (I.E 4500).

So, based on the above reading, I interpret it that even though I am IFR in
the system, as long as I am at a VFR cruising altitude, I cannot penetrate
clouds.

If I could not maintain visual conditions, I would need to notify ATC and
they would probably put me back on an IFR cruising altitude based on
direction of flight.

Allen