Apologies if this subject has been done before, but I'm hoping you folks can clarify something for me. I don't have my text books in front of me but from memory the VFR rules go something like this (class D or below):
Below 3000ft AMSL: clear of cloud and in sight of the surface
Above 3000ft AMSL: 1000ft from cloud vertically and horizontally and in sight of the surface.
But the question is, do I need to be below ALL cloud?
By way of explanation, let me give an example based upon todays weather.
The METAR for Wattisham is as follows:
EGUW 191050Z 05014KT 9999 FEW022 05/M00 Q1029 BLU NOSIG
The 'few' clouds at 2200ft would certainly not prevent me from being 'in sight of the surface' if I were at FL40, and it would seem more sensible to be at FL40 and maintain level flight than having to duck and dive around the few clouds at 2200ft. Of course I could bumble along at 2000ft QNH but if I'd prefer to remain clear of ATZs/MATZs etc it seems better to be higher, plus of course there's more time to pick a field and glide to it if the donk stops.
So (all other weather issues and met issues aside) am I legally able to fly VFR at FL40 above 'some' clouds, provided I can still safely see the surface in order to navigate and remain orientated? I know full well that I can't fly VFR 'on top' without an IMC. I also understand that as commander I have to decide whether or not it is
safe to fly above any cloud but what really constitutes the legal maximum before cloud is considered as 'cover' and I have to stay below it?
Thanks in advance for any help!
