Originally Posted by
Droopystop
With regards to VFR on top......
Standard PPL privileges site VFR ie maintain clear of cloud by the margin appropriate to airspace, speed, type etc and viz requirements. So therefore VFR on top to me (and I interpret as legal requirement, but sensible also) means that you are able remain clear of cloud in the event of an engine failure. Whether legal requirement or not, pilot with no IMC training/experience since PPL course + engine failure + IMC is not a great scenario. I am no legal eagle so would not pretend my interpretation would stand in court.
A sensible view for a VFR only pilot, but not the actual law.
Remember VFR is just a set of flight rules. These flight rules are predominantly designed to minimise collision risk (with the ground and other aircraft) not to match a specific pilot's capability. It would be quite reasonable for an IR rated pilot to fly VFR over an overcast , on the other hand if the overcast is actually low very dense fog over rocky terrain it probably doesn't matter that much if you have an IR or not if you need to make an emergency landing!