Gary Drescher wrote:

wrote in message ...
This one is fairly simple in that context: no Class B clearance, no enter
the
Class B.

Yes, that's simple and unambiguous. There's no doubt that it violates the
FARs to enter Class B without a clearance, even if so instructed by ATC.
That was never the issue.

Rather, the issue is that as the FARs are written, it violates 91.123b to
disobey an ATC instruction, except in an emergency. So if you're instructed
to enter Class B without a clearance, you violate one FAR or another
*whether you comply or not*.

You and I agree about how the FAA wants us to resolve that conflict in the
FARs. My point is just that the conflict there does exist.

Yep, no doubt you have some issue with 91.123b, but the FAA will almost
certainly buy into it being a legitimate use of pilot's emergency authority.

How about radar vectors that often violate the off-regulatory routes or
segments part of 91.177? The FAA admits that MVA charts, especially in DMAs,
often cause pilots to violate 91.177, but they (the feds) consider that to be a
"technical" violation.