5-5-12. Visual Separation

1. Pilot.
   1. Acceptance of instructions to follow another aircraft or to provide visual separation from it is an acknowledgment that the pilot will maneuver the aircraft as necessary to avoid the other aircraft or to maintain in‐trail separation. Pilots are responsible to maintain visual separation until flight paths (altitudes and/or courses) diverge.
   2. If instructed by ATC to follow another aircraft or to provide visual separation from it, promptly notify the controller if you lose sight of that aircraft, are unable to maintain continued visual contact with it, or cannot accept the responsibility for your own separation for any reason.
   3. The pilot also accepts responsibility for wake turbulence separation under these conditions.
2. Controller. Applies visual separation only:
   1. Within the terminal area when a controller has both aircraft in sight or by instructing a pilot who sees the other aircraft to maintain visual separation from it.
   2. Pilots are responsible to maintain visual separation until flight paths (altitudes and/or courses) diverge.
   3. Within en route airspace when aircraft are on opposite courses and one pilot reports having seen the other aircraft and that the aircraft have passed each other.

5-5-13. VFR‐on‐top

1. Pilot.
   1. This clearance must be requested by the pilot on an IFR flight plan, and if approved, allows the pilot the choice (subject to any ATC restrictions) to select an altitude or flight level in lieu of an assigned altitude.
   2. By requesting a VFR‐on‐top clearance, the pilot assumes the sole responsibility to be vigilant so as to see and avoid other aircraft and to:
      1. Fly at the appropriate VFR altitude as prescribed in 14 CFR section 91.159.
      2. Comply with the VFR visibility and distance from clouds criteria in 14 CFR section 91.155, Basic VFR Weather Minimums.
      3. Comply with instrument flight rules that are applicable to this flight; i.e., minimum IFR altitudes, position reporting, radio communications, course to be flown, adherence to ATC clearance, etc.
   3. Should advise ATC prior to any altitude change to ensure the exchange of accurate traffic information.
2. Controller.
   1. May clear an aircraft to maintain VFR‐on‐top if the pilot of an aircraft on an IFR flight plan requests the clearance.
   2. Informs the pilot of an aircraft cleared to climb to VFR‐on‐top the reported height of the tops or that no top report is available; issues an alternate clearance if necessary; and once the aircraft reports reaching VFR‐on‐top, reclears the aircraft to maintain VFR‐on‐top.
   3. Before issuing clearance, ascertain that the aircraft is not in or will not enter Class A airspace.