Sorry, still think FD's not quite got a hold on it.
Outside controlled airspace:-
You don't have to be below 3000 feet or above FL100, it's legal at any height providing you meet the cloud separation and vis requirements.
There are differing visibility requirements depending on whether you are above or below FL100.
If you are below 3000 ft and in sight of the surface and have 5km or more of visibility (fixed wing) then the cloud separation requirements do not apply.
Whether or not it is safe and sensible is another matter. There seems to be a worrying feeling among some people that if something is legal then it's OK to do it. Not sure I would like to be flying with or near someone with that attitude.
