In Class E airspace, what should a pilot maintain if they receive a clearance to "maintain VFR conditions on top"?

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In Class E airspace, when a pilot receives a clearance to "maintain VFR conditions on top," it means that the pilot should continue to operate in a manner consistent with Visual Flight Rules (VFR) while remaining above the overlying cloud layer. This instruction implies that the pilot needs to maintain visual reference to the ground or other points, which is essential for navigation and collision avoidance.

The correct approach to maintaining an altitude in this scenario is based on magnetic course. Pilots typically refer to magnetic course when navigating, as it corresponds with the headings used in the magnetic compass and accounts for the Earth's magnetic variation. This means that, when instructed to maintain an altitude above the clouds, the pilot should maintain a cruising altitude that aligns with their magnetic heading relative to the indicated track.

To maintain optimal separation and navigation accuracy, basing the altitude on magnetic course helps pilots ensure they are on the correct track while also complying with navigational aids and procedures that often use magnetic references. This is particularly important in controlled airspace to prevent conflicts with other aircraft and ensure safe operation.

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