Mark Hansen writes:

If you deem that lost communications is an emergency, and use that to
justify doing whatever you want, you're in violation of the regs.

You're never in violation of regulations if you deem a situation to be an
emergency. As the pilot in command, your decision on whether or not a
situation is an emergency is final (FAR 91.3).

Two-way communication by radio is required in controlled airspaces because it
is dangerous to have aircraft flying around in them without it. Therefore a
loss of radio communication is a potentially dangerous situation, and a pilot
may well condider it an emergency. The AIM makes this clear (6-4-1(b)). The
determination is made by the pilot alone. Pilots with emergencies are still
expected to adhere to the standard IFR lost-communications procedures to the
extent possible given the nature of their emergencies.

The AIM goes into more detail than the regulations from which it is derived,
but it still does not cover every situation, and explicitly says so.

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