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Can an IFR aircraft, climbing in VMC, maintain a VFR level in Class E?

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Can an IFR aircraft, climbing in VMC, maintain a VFR level in Class E?

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The aircraft will only be restricted by the unavailability of a clearance into a higher class of airspace. Although the IFR aircraft must maintain a VFR level if a clearance has not been provided this will rarely if ever happen. If a clearance is available the controller would maintain the aircraft at an appropriate IFR level in Class E. Controllers do this today where a preferred level is unavailable and they intervene by restricting the aircraft at an alternate level.

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