Class B bust my fault or the controllers ?

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.

--Gary