1000'-on-top IFR Ruling

[SouheilSinno]

As stated from CARs 8.7

"1 000-FT-ON-TOP" INSTRUMENT

FLIGHT RULES (IFR) FLIGHT

1 000-ft-on-top IFR flight may be conducted provided that

1. the flight is made at least 1 000 ft above all cloud, haze, smoke, or other formation;
2. the flight visibility above the formation is at least three miles;
3. the top of the formation is well defined;
4. the altitude appropriate to the direction of flight is maintained when cruising in level flight;
5. the "1 000-ft-on-top" flight has been authorized by the appropriate ATC unit; and
6. the aircraft will operate within Class B airspace at or below
   12 500 ft ASL, Class C, D, or E airspace.

NOTE:

ATC does not apply separation to aircraft operating 1 000-ft-on-top except in the following conditions:

at night, separation is applied between an aircraft operating 1 000-ft-on-top and other aircraft if any of the aircraft are holding; and

2. between aircraft operating 1 000-ft-on-top and an aircraft operating on an altitude reservation approval.