contradicting FARs

[minitour]

I've been confused over this since just after starting my training...

In 91.159, we are given various "VFR Cruising Altitudes"...
...basically its:

3,000' AGL to 18,000' MSL
Heading 000-179 = odd thousand plus 500 (5,500; 7,500; etc.)
Heading 180-359 = even thousand plus 500 (6,500; 8,500; etc.)

18,000' MSL to FL 290
Heading 000-179 = odd flight level + 500 (FL195; FL215; etc.)
Heading 180-359 = even flight level + 500 (FL185; FL205; etc.)

Above FL 290
Heading 000-179 = 4,000' intervals starting at and including FL 300 (FL300; FL340; etc.)
Heading 180-359 = 4,000' intervals starting at and including FL 320 (FL320; FL360; etc.)

FAR 71.33 defines Class A airspace as:
That airspace of the U.S., including airspace overlying waters within 12 nm of the coast of the contiguous states, from 18,000' MSL to and including FL600 excluding Alaska and Hawaii.....

Then FAR 91.135 Gives us rules for operating in Class A airspace:
"Except as provided in paragraph (d) of this section, each person operating an aircraft in Class A airspace must conduct that operation under instrument flight rules (IFR) and in compliance with the following:" (then it gives rules a-d regarding flight in Class A)

So...here is my confusion
Class A is 18,000' MSL to FL600 and you can only be IFR in Class A...BUT...
If you're VFR you can be at FL 360 on a magnetic heading of 270.

How can you be at FL360 and VFR?

I know that was a long winded question, but I'm very VERY confused...

 

[WMUSIGPI]

simple see the part of your question where you say class A airspace doesn't exist over Hawaii. You are flying in class E airspace in the flight levels over Hawaii which means you can do so VFR at the appropriate cruise altitudes.

 

[avbug]

Also VFR-on-top. An IFR clearance, but adhering to VFR appropriate altitudes, applicable even in class A airspace.

Not just in Hawaii. And not just for breakfast, any more.

 

[Singlecoil]

Also VFR-on-top. An IFR clearance, but adhering to VFR appropriate altitudes, applicable even in class A airspace.

Not just in Hawaii. And not just for breakfast, any more.

Actually this is not true. ATC will not authorize VFR-On-Top in Class A airspace.

From the AIM:

h. ATC will not authorize VFR or VFR-on-top operations in Class A airspace.

Link

 

[avbug]

I'm aware of that. However, I've flown VFR-on-top on several occasions in Class A airspace.

 

[minitour]

uh...

So all of that confusion and my assumption that it only applies in two states was it???

I feel so stupid now!

ARGH Why can't these regs just be worded in plain old english?


Thanks for all the help folks, I really do appreciate clearing that up for me.

 

[midlifeflyer]

Re: uh...

ARGH Why can't these regs just be worded in plain old english?

Because, believe it or not, they end up having more holes, being about 5 times as long, and being far more confusing than they are now.

 

[Flymach2]

Hi...

The regulation you referred to has been changed. §91.159(b) now reads that "when operating above FL180, maintain the altitude or flight level assigned by ATC."

Regards

 

[A Squared]

Also, If you have a communications failure .... remember what you're supposed to do if you have a real, complete communications failure? If you're in VMC, you maintain appropriate VFR altitude and remain in VMC.