"Steven P. McNicoll" wrote in message
hlink.net...


"The pilot in command of an aircraft is directly responsible for, and is
the
final authority as to, the operation of that aircraft." Authority and
responsibility go hand-in-hand. So if you're instructed to overfly the
runway while climbing to traffic pattern altitude, but instead use your
PIC
authority and begin a climbing turn to the right and collide with an
aircraft on downwind, you're responsible for all damages, injuries, and
lives lost.


It would also make any potential enforcement action of your violation of
FAR
91.123(b) easier.


And if you follow ATC instructions and the departing aircraft collides with
you you are still at fault for not seeing and avoiding and you are still
dead.