On Fri, 10 Feb 2006 12:39:12 GMT, "Steven P. McNicoll"
wrote:


"Bela P. Havasreti" wrote in message
...

Maybe so,


There's no "maybe" about it. The Pilot/Controller Glossary was compiled to
promote a common understanding of the terms used in the Air Traffic Control
system. The instruction "Go Around" is defined as:

"Instructions for a pilot to abandon his/her approach to landing. Additional
instructions may follow. Unless otherwise advised by ATC, a VFR aircraft or
an aircraft conducting visual approach should overfly the runway while
climbing to traffic pattern altitude and enter the traffic pattern via the
crosswind leg. A pilot on an IFR flight plan making an instrument approach
should execute the published missed approach procedure or proceed as
instructed by ATC; e.g., "Go around" (additional instructions if required)."



but the pilot in command is the ultimate authority for
the safety of the flight....


"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.



For what it's worth, I'd only side-step if I didn't like what I saw
below and in front of me. Letting ATC know what I was doing
would of course be a polite thing to do!


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

ATC can issue whatever instructions they want. If a collision is
imminent, or likely, based upon their instruction and based upon
what I'm seeing out of the windshield as PIC, I'm going to do whatever
it takes to keep from colliding with another aircraft. As someone
else pointed out, the idea is to be around for the hearing, or the
inevitable "talk" one might have with the feds.

Pilots are human beings and sometimes make mistakes. Sometimes
sheet metal gets bent, and other times, folks get hurt or killed.
Controllers are not exempt from "being human" and making mistakes....
(it's happened many times before, and it'll no doubt happen again).

Bela P. Havasreti