You are probably right. I don't recall the exact case, I just remember
reading somewhere that a pilot tried using this defense and it didn't work..
IMO the FAA should either really enforce every regulation or it should get
rid of the ones it isn't going to enforce.

Mike
MU-2


"Ron Rosenfeld" wrote in message
...
On Sun, 07 Nov 2004 04:49:55 GMT, "Mike Rapoport"
wrote:

No, I believe that defense has been tried.

Mike
MU-2

Yes, but I thought those violations were for "careless and reckless" and
not for a violation of an (non-existent in the case) aircraft limitation.

I've never heard of, for example, someone being violated (in a non-deiced
small GA a/c under Part 91) for encountering ice, issuing a PIREP, and
asking ATC for a deviation in order to escape. Have you?


--ron