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Old July 1st 06, 02:37 PM posted to rec.aviation.ifr
Steven P. McNicoll[_1_]
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Posts: 660
Default VFR on top question


"A Lieberman" wrote in message
...

Scenario 1....

Severe clear weather from point A to point B going east. MRA is 7000 in
which part of this area is below ATC radar coverage from past experience.
Highest OROCA enroute is 2600, filing is direct from airport to airport.

If I filed "VFR on top" /G for 3500, would I be legal to file this plan
since I would be able to maintain visual flight rules (VFR)?


You can legally file anything, the question is can you legally be issued
what you've filed.

VFR-On-Top is still an IFR operation and all of the Instrument Flight Rules
apply to it with the exception of § 91.179 IFR cruising altitude or flight
level which directs pilots operating VFR-On-Top to comply with § 91.159 VFR
cruising altitude or flight level. You still have to comply with § 91.177
Minimum altitudes for IFR operations.

Filing VFR-On-Top does not relieve ATC of the requirement to assign routes
on airways or within normal navaid usable limits if radar monitoring cannot
be provided. If you're assigned an airway while VFR-On-Top the lowest
altitude you can use is that which conforms to § 91.159 and is at or above
the MEA.

Why do you want to do this anyway? In areas below radar coverage VFR-On-Top
has nothing to offer. You aren't provided any separation or traffic
advisories but you're still tied to a route. Why not just go VFR?



Scenario 2.....

Throw in an active MOA to the above. I would assume that I would get
vectors or an amended clearance around the active MOA even though I am
"VFR on top". Would this be a correct assumption?


Yes.