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Class B bust my fault or the controllers ?



 
 
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  #19  
Old May 29th 05, 12:37 PM
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Gary Drescher wrote:

wrote in message ...
An emergency is not limited to the
aircraft having a mechanical or similar such problem. Violating Class B
airspace has unknown ramifactions, such as perhaps approach control seeing
the
intrustion and declaring an emergency on your flight because of loss of
separation, etc., etc.


It's true that a controller *might*, for additional reasons, deem a Class B
incursion to be an emergency. 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.

Again, I don't dispute that you should avoid the incursion, even if you have
to violate 91.123b. I just wish the FARs weren't contradictory on that
point.

--Gary


I cited both 91 (a) and (b). If just (a) fits in your judgment, then that's
your judgment. You will have a far greater chance of avoiding the enforcement
hearing if you remain clear of the Class B.

 




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