"Greg Farris" wrote in message
...

Sure they can. It's the Bravo tower that will write you up for violating
their airspace.


What instruction is violated in that case?



In this case, it becomes "convenient" for them to not be
able to locate the tapes from the Delta tower you were talking to. His
tapes could vindicate you, if you were acting under the assumption the
two are in communication with each other, or at least you were following
ATC instructions. If these tapes are "unavailable", then you just strayed
into calss B, with no justificfation or defense.


If you followed a tower instruction that caused you to enter Class B
airspace then you busted the regulation requiring a clearance to enter Class
B airspace and the tapes will not show that you violated the tower's
instruction. The condition of the tower tapes in that case is irrelevant.

If you violated a tower instruction in order to avoid Class B airspace then
the tapes may prove that you violated an ATC instruction. If that's the
case and the tower tapes are lost or damaged then there's no hard proof that
you violated the tower's instruction.

It's a moot point in any case since ATC does not expect you to follow an
instruction that would require you to violate an FAR.