That's because (as you acknowledge by your use of scare-quotes) there is no
actual refusal to be busted for in that case.

Ok, (and you're right - a pet peeve of mine is the overuse of quotes
like that, and there I go doing it myself)

How is this different from refusing to obey an ATC instruction that
would be impossible to follow, or would lead you into a cloud VFR?
Tower says "extend your downwind" but there's a cloud in the way. Tower
is issuing other instructions and you can't get a word in on the radio.
Fly into the cloud, you're busted. Disobey the instruction, I suspect
you would =not= be busted.

Jose
--
The price of freedom is... well... freedom.
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