Gary Drescher wrote:

wrote in message ...

I cited both 91 (a) and (b). If just (a) fits in your judgment, then
that's
your judgment.

But 91.3a merely says that the PIC has final responsibility and authority.
That *doesn't* mean that the PIC is at liberty (except in emergencies) to
violate the FARs, though! And what's under discussion here is whether
rejecting an ATC instruction (except in an emergency) violates the FARs
(specifically, 91.123b, which requires compliance with ATC instructions,
except in emergencies). There's nothing in 91.3a that addresses that
question.

You will have a far greater chance of avoiding the enforcement
hearing if you remain clear of the Class B.

Sure, I've never disputed that. I'm just disputing that the FARs make that
clear.


Well, this isn't the only case where FARs are not clear. In some cases, they
are downright misleading; in some cases they are quite clear, and then there
is the great middle: basic regulatory guidance that is suspended on a vast web
of "advisory" guidance and policy statements from the FAA over the years.

This one is fairly simple in that context: no Class B clearance, no enter the
Class B.