I had one magneto fail totally at NIGHT in VFR. I declared an
emergency although it turned out I really didn't have to. I declared
it on Center frequency, and received flight following as well as
assistance in deciding which airport to proceed land at (the nearest
or the nearest with a mechanic). After landing without mishap, I had
it repaired. I received a very pleasant letter from ATC telling me
they were more than willing to help me out. I wrote them back a letter
thanking them and informing them of the outcome (the magneto was
indeed faulty, etc). More knowledgable pilots than I, have told me it
wasn't really an emergency. It felt like one to me, and I think that
is important. I, as Pilot in Command, truly felt like I was going to
have to land off field at night, therefore I declared an emergency.
The fact that I did not have to land off field and the fact that the
plane was capable of continuing the flight without mishap was not a
factor. So here is one example of a pilot declaring an emergency,
because he THOUGHT he had one, and getting ATC assistance with no
negative reprecussions. My impression was the ATC division wanted a
thankyou letter to show to their supervisors to show how needed they
are, which, indeed they are! They received that from me. Least I could
do. That was the extent of the paperwork. Thank you ATC. Thank you
FAA.

So I would say, if you think you have an emergency, and you think
declaring it to ATC would be helpful, do it. No one is going to
prosecute you. Obviously a pilot declaring phony emergencies would be
liable for some ATC certificate action, but I don't think any of us
would do that. And if one of us did, I would support the action
against him.

You are PIC and you have to decide. No one expects your decisions to
be perfect. But they do expect your intentions to be honorable.
A stuttering engine can be a gut wrenching scary experience, and if
you need help, even if it just means someone to talk to, then do get
on the radio and start asking for assistance. ATC is trained in
assisting you and they display that attitude. This was also true of
the other pilots on frequency. No one is going to knock you down for
seeking help so long as you truly think you need it.

"C J Campbell" wrote in message ...
"William W. Plummer" wrote in message
news:ZmsEb.146587$_M.719680@attbi_s54...
| Has any pilot ever been prosecuted (by the FAA, NTSB, ...) for declaring
an
| emergency when, in some experts opinion, one did not exist? [Reference:
| decending through icing layer while short on fuel]

You are much more likely to face action for declaring an emergency when the
emergency is of your own making. Still, you should not hesitate to declare
an emergency if one arises.