Ron Rosenfeld wrote:
On Wed, 24 Jan 2007 13:07:41 -0800, Sam Spade wrote:


Ron Rosenfeld wrote:



4-4-7 does not appear to prohibit (for the pilot) operations at 91.177
compliant altitudes. If ATC does not issue me an altitude restriction,
then 91.177 would apply.

I would agree. But, few pilots can figure that one out.

Then, if I am with a Center that is trained to take exception with
altitudes below the MEA or MIA, then they will also take exception with
my 91.177 selection, if it is "too low."


True, but it is ATC's responsibility to issue me a clearance of "VFR on top
at or above nnnn"
Ron (EPM) (N5843Q, Mooney M20E) (CP, ASEL, ASES, IA)


I haven't done it in a long time myself. I did have LA Center a couple
times way back when say "Unable to approve VFR on top at the requested
altitude.."

So, since On Top is an amendment to an IFR clearance I think they can
make whatever they choose out of their responsibilities with on On-Top
amendment to your IFR clearance.

Some controllers or facilities, particularly a mountain-area center,
might reasonably be very unconfortable with the IFR flight plan aspect
of the aircraft being below MIA or MEA.