Cobalt wrote:
The other three are common sense
This thread with 68 replies begs to differ… 
Fortunately, the micromanagement approach taken to aviation in Australia is receding in Europe – admittedly from the very high records established by EASA.
VMC must be maintained during the entire flight – that is just what the rules are anyway
The other three are common sense to ensure you can find your destination, and maintain VMC for the whole flight.
Here in Oz they have thought it through a little:
VFR flight on top = VFR flight on top of more than SCT cloud:
- VMC must be maintained during the entire flight
- visual position fixing requirements must be met (every 30 minutes) or other navigational requirements
- PIC must ensure the forecast and observations at the destination permit descent in VMC
- must be able to continue to alternate (if required) in VMC
Also when operating at or below 2,000 feet you must be able to navigate by visual reference to the ground or water.
Edit: @Centurion_Flyer, you can find the complete list of derogations (= national deviations from implementing rules) on the EASA website, on the bottom of this page: http://www.easa.europa.eu/document-library/regulations/opt-out-from-regulations
@Centurion_Flyer
Since Part-SERA came into force the rules of the air are the same in all memberstates. Exceptions are only possible if a state files a derogation to EASA. Such a derogation would be published on the EASA website in an excel sheet, somewhere. Other than that SERA only allows very limited national regulations and if it does, it is mentioned in the implementing rule that national rules apply (e.g. aerobatic flight, spray flights etc.). Regarding VFR flights above a ceiling I do not know of any derogations and therefore I conclude that it is allowed in all memberstates sans restrictions.
By the way, even if the AIP would say it was not allowed, if there is no filed derogation, it is nevertheless legal (the law is binding, not the AIP). For example, the Swiss AIP still states IFR in Class G wouldn’t be allowed, even though this has clearly changed with SERA.
I have merged two very similar threads, and there is now a lot of information to be found in this one if you read from the start.
I vaguely remember that SOME European countries indeed permit VFR operations in VMC above an OVC layer – and that individual countries may have different requirements, i.e. day-only, at least one gyroscopic attitude instrument must be installed and even something about the pilot qualifications. I remember that Germany and Austria were on the list. Could the national rules connoisseurs please chip-in here to confirm / reject / comment? Would anybody know of a comprehensive EASA-wide overview of these national rules?
In Norway IIRC there used to be planning requirements for VFR on top (as it was called there). It was only allowed if weather forecast the cloud cover at destination was 4 octa or less. I think this planning requirement does not exist in EASA regulations. It was discussed not too long ago on EuroGA – you may find the thread if you search a little bit.
To be VFR you must be VMC. VMC is all that stuff about visibility, distance from cloud etc. You can be, and indeed often are, VMC above cloud and can consequently operate under VFR.
To be pedantic, VFR ON top is – at least in FAAland – an IFR term, VFR should be called OVER the top. I assume that’s what you mean. In FAAland only the standard cloud clearance requirements apply. In EASAland I think it’s now the same, used to be different from country to country, e.g. the UK didn’t allow it.
