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#27
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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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