VFR: Over-the-top carrying passengers: Operating limitations

This regulation sets conditions for Part 135 operators conducting VFR over-the-top flights with passengers—flying VFR above a cloud layer rather than through it on an IFR clearance.

Before departure, you must verify that weather at your destination either:

• Permits a VFR descent below the clouds, forecast to continue at least one hour past your ETA, OR
• Allows an IFR approach with visual conditions from the clouds down to the initial approach altitude (unless using radar approaches under §91.175(i))

Additionally, the aircraft and conditions must allow for safe descent if an engine fails. Multi-engine aircraft must be able to continue or descend under VFR with one engine inoperative. Single-engine aircraft must be positioned where they can descend under VFR if the engine quits.

This ensures you have a viable way down through the clouds and can handle engine failures without inadvertently entering IMC without proper clearances or equipment.

*This is a plain-English summary for study only. The official 14 CFR text on this page is controlling — always read the current regulation and consult a CFI.*