"Steven P. McNicoll" wrote in message
ink.net...
Given that the FAA tells it's controllers that pilots are required to
abide by the FARs regardless of any ATC instruction, who is there to
charge you with violating FAR 91.123(b) in this situation?

No one, presumably. As I said, I don't dispute that the FAA takes that
position. This is just another situation where I wish they'd amend the FARs
to say what they mean.

--Gary