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Old May 28th 05, 07:10 PM
Gary Drescher
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"Steven P. McNicoll" wrote in message
ink.net...
You're responsible for any bust. If following the instruction meant
entering the Class B airspace I'd respond to it with "verify I'm cleared
into Class B airspace." If the controller replies with "Negative" I'd
inform
him I was turning to avoid Class B airspace. Pilots are required to abide
by the FARs regardless of any ATC instruction.


I don't dispute that the FAA takes that position. But the FARs themselves
are contradictory on that point. FAR 91.123b requires obeying ATC
instructions, except if an emergency requires otherwise. There's no stated
exception for non-emergency violations of the regs. If the tower says
"Continue downwind, I'll call your base" and then hasn't gotten back to you
two minutes later when you're about to enter Class B, and if the frequency
is too crowded for you to call, then the only way to avoid busting Class B
may be to violate 91.123b.

--Gary