"Everett M. Greene" wrote in message
...

Procedurally, you are correct -- if the pilot says he's IMC,
ATC handles him accordingly. However, his statement isn't a
"fact" in the legal sense in that it's uncorraborated and in
the situation being discussed, another pilot is "saying" it's
VMC by his actions. Which of the two "facts" is correct?


The pilot not communicating with ATC isn't saying anything.