[stavros]

FAR 91.3:

(a) The pilot in command of an aircraft is directly responsible for, and is the final authority as to, the operation of that aircraft.

(b) In an in-flight emergency requiring immediate action, the pilot in command may deviate from any rule of this part to the extent required to meet that emergency.

(c) Each pilot in command who deviates from a rule under paragraph (b) of this section shall, upon the request of the Administrator, send a written report of that deviation to the Administrator.

[genewitch]

as an aside i once called the FCC to get a definitive answer about a part 97 rule, and they put me on hold, and gave me the answer i was suspecting they would, which i am nearly positive is the wrong answer.

In the context of your post, if asked, i wonder if the FAA (or whoever) would say "the pilot has final authority, even if it goes against what the ATC commanded", even with the nuance and additional information that would be required in 91.3c.

for the record, it was 47 cfr 97.405 https://www.ecfr.gov/current/title-47/section-97.405 - and it states clearly:

(a) No provision of these rules prevents the use by an amateur station in distress of any means at its disposal to attract attention, make known its condition and location, and obtain assistance.

(b) No provision of these rules prevents the use by a station, in the exceptional circumstances described in paragraph (a) of this section, of any means of radiocommunications at its disposal to assist a station in distress.

My question was simple - one has a radio what can transmit clearly on a police frequency, that is, if one pushes transmit, police radios and scanners in the area can hear the audio being transmitted. Can one use said radio in an emergency, if they are a licensed part 97 operator?

FCC: "no"

me: "yes, obviously."