Richard Kaplan wrote:


You already had an IFR clearance... period. Yes, you are required to accept
ATC clearance amendments that are reasonable but you are not required to
accept such a clearance if it will in your reasonable judgment endanger the
safety of your flight.

Richard Kaplan

Pertinent rule for pilots:
91.123 (b) Except in an emergency, no person may operate an aircraft
contrary to an ATC instruction in an area in which air traffic control
is exercised.

Pertinent rule for controllers:
Order 7110.65P
5-4-7. POINT OUT

a. The transferring controller shall:

1. Obtain verbal approval before permitting an aircraft to enter
the receiving controller's delegated airspace. TERMINAL. Automated
approval may be utilized in lieu of verbal, provided the appropriate
automation software is operational (automated point out function), and
the procedures are specified in a facility directive/LOA.

Its that simple. The center controller MUST issue instructions to
prevent the aircraft (and pilot) in question from entering the approach
control's airspace (or the recieving sector's controller, regardless of
center/tower/approach). As pilot, you must obey those instructions.
Active ATC instructions overrule your full route clearance.

Your options are to 1) accept the new instructions 2) cancel IFR 3)
declare an emergency in which case you can disregard just about
everything but the laws of physics.

Yes, you can refuse an amended clearance, but if the controller gives
you instructions to double back and hold in the clear air you just
passed through, you would be hard pressed not to comply. The hold may be
just for a moment until a solution is found, or as long as you are
willing to hold before changing your mind as to what is acceptable.

I absolutely agree that it is unacceptable to accept a route clearance
that places one in peril (weather, or whatever the reason), but I just
want to make my opinion known that "sticking to your guns" may have a
limit and when its time to "blink", likely its the pilot who is at a
disadvantage, NOT ATC. "Working with each other" is a two way street.

Dave