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  #20  
Old May 28th 05, 08:33 PM
Jose
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But I doubt that a slight breach of Class B,
with good visibility and no conflicting traffic, would *by itself*
constitute an emergency. So I don't think 91.3b would necessarily come into
play.


An emergency is whatever the PIC deems it to be at the time. So, ok,
you're on the ground, they have paperwork for you, and it ends up in a
faceoff between you and the FAA.

The controller says "You disobeyed my order. Fie on you."

You say "You ordered me to violate the law, creating an unsafe
condition. Fie on you."

The controller says "By turning early, you created an unsafe condition."

You say "By turning early, I created an inconvenience for you, and I was
on your frequency. By not turning early, I'd create an inconvenience
for an unknown entity with whom I was not in communication."

My guess is that the FAA would side with you turning to avoid the class B.

Jose
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