"A Lieberman" wrote in message
...

See http://asrs.arc.nasa.gov/report_sets_nf.htm and download the .pdf file
for weather encounters.

If the heavy iron pilots says unable and follows up by declaring an
emergency and squawking 7700, then there must be some substance to my
position.


But he's saying it because the ATC instruction would have put him in bad
weather, that's not the situation we're discussing here.



I don't think unable is enough to keep you out of hot water or puts the
ball in ATC's court. If ATC cannot accommodate an "unable", then you need
to declare an emergency. This is well documented in the .pdf file I am
pointing you to. Once you declare an emergency, ATC has to comply with
your requests.


Sure, but what's your emergency in the case we're discussing? Declaring an
emergency when none exists won't keep you out of hot water.