VFR-on-top:

1. Is requested by pilot flying on an IFR flight plan.

2. Is flown under Visual Flight Rules.

3. May or may not be flown following the IFR flightplan's route.

4. Ends when the pilot cancels IFR or returns to the original flight plan at
a waypoint on that plan.

Very simple; it's in the book.

-----------------------------------------------------

A pilot flying VFR is required to observe "see and avoid". One pilot
observing "see and avoid" and taking appropriate evasive action can avoid a
collision.

If a VFR pilot is climbing/descending, it is his responsibility to avoid
pilots above him or below him.

A pilot flying IFR under VMC who is not observing "see and avoid" is not a
very smart pilot.


"Peter Duniho" wrote in message
...
"Bill Denton" wrote in message
...
[...]
As I stated above, VFR-on-top operations are conducted on IFR flight
plans
and the purpose of this section is to explain the services to be
provided
or
not provided by ATC to VFR-on-top pilots.

"VFR-on-top" is still an IFR operation. That's not what Peter is talking
about.

Basically, your belief that a pilot flying on an instrument flight plan is
immune from the scenario posted in the original message is simply wrong.
All it takes is a pilot on an instrument flight plan (satisfying the 6000'
cruise altitude), and another pilot flying VFR (not "VFR-on-top"...just
plain old VFR) climbing on the airway as described by the original poster.

Pete