Usually only applicable this in airspace when you are >3000ft, (but below 10,000ft) Requirement to maintain 1000ft above and below clouds, 5km forward visibility and 1500m horizontally away from clouds. Owing the prevalence of controlled airspace, VFR on top is often only an option on longer transits over large bodies of water (e.g. English channel crossing pictures above ) or over some low level hilly/mountainous terrain where being above and well clear of any cloud is safer than attempting to navigate visually low level in undulating terrain. VFR on top cannot be flown under commercial air transport rules.

In the USA, ‘VFR on Top’ clearance means something different- it is a form of IFR clearance that once you have climbed through a layer of bad weather, you can then request 'VFR on top', which gives you more flexibility. To fly VFR on top, you need to have an instrument rating, be on an IFR flight plan, and be in an IFR capable helicopter.

FAA 'VFR over the Top'

The FAA alternative to flying VFR over a layer of cloud is ‘VFR over the top’. Like the European rules, you have to comply with the minimum safe separation, 2000ft horizontally, 500 ft below vertically, and 1000ft above from cloud, plus 3 miles of visibility in most cases. This AOPA article provides some good points to consider before embarking on VFR over the top.