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Class B bust my fault or the controllers ?



 
 
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  #22  
Old May 29th 05, 03:23 PM
Gary Drescher
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wrote in message ...
This one is fairly simple in that context: no Class B clearance, no enter
the
Class B.


Yes, that's simple and unambiguous. There's no doubt that it violates the
FARs to enter Class B without a clearance, even if so instructed by ATC.
That was never the issue.

Rather, the issue is that as the FARs are written, it violates 91.123b to
disobey an ATC instruction, except in an emergency. So if you're instructed
to enter Class B without a clearance, you violate one FAR or another
*whether you comply or not*.

You and I agree about how the FAA wants us to resolve that conflict in the
FARs. My point is just that the conflict there does exist.

--Gary


 




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