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Class B bust my fault or the controllers ?



 
 
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  #27  
Old May 29th 05, 03:42 PM
Roy Smith
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"Gary Drescher" wrote:
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 really need to read this stuff with some common sense applied. For
example, 91.123(a) lists three ways in which you may legally deviate from a
clearance: get an ammended clearance, in response to an emergency, or in
response to a TCAS RA. 91.123(b) talks about instructions (as opposed to
clearances) and says you can only operate contrary to an instruction in
response to an emergency.

A strict literal reading of those two paragraphs would lead you to the
conclusion that while responding to a TCAS RA allows you to violate a
clearance, it does NOT allow you to violate an instruction. Such a
conclusion is clearly absurd, but that's what a literal reading says.

For VFR operations, if you adopt that idea that "clearances trump
instructions", you'll do fine. Don't go into CBAS without a clearance,
even if told to follow another aircraft or fly a heading which would take
you into it. Likewise for flying into a cloud. Or taking off or landing
at a towered airport.
 




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