Originally Posted by
bubi352
Yes but this instruction (altitude and heading assignment) in this case becomes a clearance because you can't deviate from it or would you?
I don't know; ask the FAA. I wouldn't bet my license on it.
I do know that you can't (1) operate an airplane contrary to an ATC clearance and (2) operate an airplane contrary to an ATC instruction except in an emergency. There is a difference, but I would ask the Feds themselves about it.