Originally Posted by
Twin Wasp
Ah, it's VFR over the top. VFR on top per the AIM is an IFR clearance.
"A pilot on an IFR flight plan operating in VFR weather conditions, may request VFR-on-top in lieu of an assigned altitude. This permits a pilot to select an altitude or flight level of their choice (subject to any ATC restrictions.)"(
AIM is not a governing document, FARs are. What's legal isn't always safe, no doubt they were VFR. Towing a glider over an undercast/fog with the only option being "try to find a hole" is, as Awax insinuated, is stupid.