Class B bust my fault or the controllers ?

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.

An emergency is whatever the PIC deems it to be at the time. So, ok,
you're on the ground, they have paperwork for you, and it ends up in a
faceoff between you and the FAA.

The controller says "You disobeyed my order. Fie on you."

You say "You ordered me to violate the law, creating an unsafe
condition. Fie on you."

The controller says "By turning early, you created an unsafe condition."

You say "By turning early, I created an inconvenience for you, and I was
on your frequency. By not turning early, I'd create an inconvenience
for an unknown entity with whom I was not in communication."

My guess is that the FAA would side with you turning to avoid the class B.

Jose
--
The price of freedom is... well... freedom.
for Email, make the obvious change in the address.

"Jose" wrote in message
...
You say "By turning early, I created an inconvenience for you, and I was
on your frequency. By not turning early, I'd create an inconvenience for
an unknown entity with whom I was not in communication."

Avoiding the incursion is apparently what the FAA expects you to do (despite
the ambiguity in the FARs), so you shouldn't have to make any argument at
all about who's more inconvenienced. In particular, there's no need to
invent an "emergency" where none exists.

--Gary