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SESK: Stuff Everyone Should Know · sesk.info/ifr-vfr-on-top-responsibility

When flying VFR-on-top, who is responsible for seeing and avoiding other aircraft?

You, the pilot.

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  1. The pilot, who assumes sole responsibility to be vigilant ✔
  2. The controller issuing the clearance
  3. The nearest approach control

Why: The AIM says that by requesting a VFR-on-top clearance, the pilot assumes sole responsibility to be vigilant to see and avoid other aircraft. The request must be made on an IFR flight plan.

Huh, didn't know that: If approved, VFR-on-top lets the pilot choose an altitude or flight level instead of an assigned altitude, subject to ATC restrictions.

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References

Answer: The pilot, who assumes sole responsibility to be vigilant. The AIM says that by requesting a VFR-on-top clearance, the pilot assumes sole responsibility to be vigilant to see and avoid other aircraft. The request must be made on an IFR flight plan.

  1. AIM 5-5 Pilot/Controller Roles and Responsibilities www.faa.gov/air_traffic/publications/atpubs/aim_html/chap5_section_5.html
    By requesting a VFR‐on‐top clearance, the pilot assumes the sole responsibility to be vigilant
    Checked 2026-10-10.

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